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 offence 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.
The Fifth Amendment protects individuals by preventing the government from abusing its prosecutorial powers. For instance, the Fifth Amendment, provides a check on government prosecutions by requiring presentment or indictment of a Grand Jury for a capital, or otherwise infamous crime. Likewise, the Fifth Amendment’s Double Jeopardy Clause prevents the government from re-prosecuting a person for a crime for which he or she has been acquitted.
The Fifth Amendment prohibition against requiring a person in a criminal case to testify against him- or herself secured a common-law privilege that one commentator saw as preventing use of the rack or torture to procure a confession of guilt, while the Fifth Amendment’s Due Process Clause—nor be deprived of life, liberty, or property, without due process of law, provided for the right of trial, per the process and proceedings of the common-law.
In interpreting the Due Process Clause, the Supreme Court has recognized that the Fifth Amendment guarantees procedural and substantive due process. The Fifth Amendment’s guarantee of procedural due process often requires the federal government to provide notice and a hearing before depriving a person of a protected life, liberty, or property interest, while substantive due process generally protects certain fundamental constitutional rights from federal government interference in specific subject areas such as liberty of contract, marriage, or privacy.
Lastly, the Takings Clause of the Fifth Amendment requires that the government pay just compensation to owners of private property that the government takes for public use.
Constitution Annotated. Analysis and Interpretation of the U.S. Constitution (n.d.). Amdt 5.1 Overview of Fifth Amendment, Right of Persons.
https://constitution.congress.gov/browse/essay/amdt5-1/ALDE_00000056/
