The Fifth Amendment: Rights in Criminal Cases

The Fifth Amendment protects Americans from being unfairly accused of committing a crime. It requires certain steps to happen before a person is accused or indicted. A person accused of a capital (serious) crime, must be brought before a grand jury. This jury listens to the charges and studies the evidence given. If the citizens serving on the grand jury decide there is enough evidence, the person is indicted and stands trial for the crime. A person cannot stand trial without being indicted by a grand jury.

The Fifth Amendment also guarantees due process of law. This means that a person must be given a fair trial according to all the rules and procedures set down in the Constitution.