In addition to protection against self-incrimination, the Fifth Amendment ensures that people have _________.
a. double jeopardy and grand jury rights
.b. search and seizure and grand jury rights.
c. Miranda warning and probable cause rights.
d. just compensation and warrant rights.
Answer: a. double jeopardy and grand jury rights
The correct answer is that the Fifth Amendment of the United States Constitution consists of five clauses one of which states against self-incrimination, the second which says that an individual cannot be tried again for the same offence and the third the right to the grand jury. The Fifth Amendment ranks among the essential seven constituting the Bill of Rights with the primary aim of safeguarding citizens against the unlawful exploitation of the criminal justice system by the government. Double jeopardy is a legal principle considered under constitutional law which holds that a person cannot be tried for a crime for which he or she has already been acquitted. For instance, if an accused is acquitted in a robbery case, the government is prohibited by law, regardless of any fresh evidence, from prosecuting an accused for the same robbery case. This shelter ensures that the state cannot rearrest the same person and charge him or her with the same offences, hoping to get a conviction this time.
To be precise, the grand jury rights provision mandates that grave federal criminal charges have to be joined by way of a grand jury indictment. A grand jury is a large group of people who receive reports of the case from the prosecutor and have to decide whether there is enough evidence for someone to be charged. For example, in the use of federal murder cases, attorneys are expected to take their evidence to the grand jury so that they determine a case’s suitability for trial. This process is a balance that reigns in the power of the prosecutors in that a person in prison has at least some grounds upon which he or she was charged and arrested before going through a full-blown criminal trial. However, it should be mentioned that while the right to a grand jury applies to federal cases, not all states use the grand jury for the state’s case. With protection against self-incrimination, these rights constitute a large portion of the due process that is protected under the Fifth Amendment.
Leave a Reply