The Fifth Amendment of the United States Constitution contains several of the most important protections for persons accused of crimes (or possibly facing such accusations) under the American criminal justice system. It also affects civil litigants and potential witnesses. In sum, it offers the following safeguards:
- Protection from being prosecuted for crimes unless first legally indicted by a GrandJury;
- Protection from “double jeopardy” — being prosecuted more than once for the
same criminal act;
- Protection against being deprived of life, liberty, or property without “due process
of law” or just compensation; and
- Protection from “self-incrimination” — being forced to testify or provide evidence
against one’s self.
As civil litigation paralegals, we must be ever mindful of how these protections affect our clients and their lawsuit, regardless of whether they are Plaintiffs or Defendants.