The Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

No one can be put on trial for a serious crime, unless a grand jury decides first that there is sufficient evidence so that a trial is needed. People in the military can go to trial without a grand jury deciding first, if they committed a crime during a national emergency or a war. If someone is put on trial for a crime and the trial ends, or they serve their time, they cannot be tried again for the same crime. Also, the government does not have the power to make someone testify against him or herself. Lastly, this amendment guarantees due process, which means equal treatment for everyone through the judicial system.

In 1966, decided that whenever someone is taken into police custody, before being questioned he or she must be informed of their Fifth Amendment right not to make any self-incriminating statements. Anyone in police custody must be told these 4 things. When police officers question a suspect in custody without first giving the Miranda warning, any confession made cannot be used against the suspect in any criminal case and any evidence discovered as a result of that statement will likely be thrown out of the case.

I respect police officers and their purpose, but I think it's important for everyone to know that your right to remain silent always exists, not only once you are being detained. There will always be trickster cops out there relying on the hope that people don't know their fifth amendment rights, so don't let that be you!!!