BILL OF RIGHTS
Summary & Explanation
Amendment 5:
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.
Amendment 5 and Amendment 14 deals with rule of law in US. It is called as
due process of law in US (that’s rule of law, in actual)
Capital crime - Murder, High Treason, Terrorism etc. They get capital (highest)
punishment. Death sentence in these crimes. Where death sentence is not
allowed, whatever the severe punishment is present, will be granted like, Life
Imprisonment.
Infamous crime - not reported generally, less, rare. They can be of serious nature.
1 person killed number of people, bomb blast, robbery + murder.
Grand Jury - US and UK, both have different court structures. 2 kinds of judges.
1 – Jury.
2 – Judges.
Judge can be one or two. Jury is more than one, group of judges, uptill a bench of
eleven judges. What’s the purpose of dividing it into 2? Grand Jury is like an
investigative department. They look for the matter themselves. If they are
satisfied that the person has done the capital and infamous crime, that person is
indicted. If they are not satisfied, he isn’t punished. If they are satisfied, then
there will be trial in the court + punishment.
Question of fact - that must be answered by interpreting the facts and evidence.
Question of law - the point of law that must be answered by applying legal
principles, interpretation of law.
Summary & Explanation
Amendment 5:
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.
Amendment 5 and Amendment 14 deals with rule of law in US. It is called as
due process of law in US (that’s rule of law, in actual)
Capital crime - Murder, High Treason, Terrorism etc. They get capital (highest)
punishment. Death sentence in these crimes. Where death sentence is not
allowed, whatever the severe punishment is present, will be granted like, Life
Imprisonment.
Infamous crime - not reported generally, less, rare. They can be of serious nature.
1 person killed number of people, bomb blast, robbery + murder.
Grand Jury - US and UK, both have different court structures. 2 kinds of judges.
1 – Jury.
2 – Judges.
Judge can be one or two. Jury is more than one, group of judges, uptill a bench of
eleven judges. What’s the purpose of dividing it into 2? Grand Jury is like an
investigative department. They look for the matter themselves. If they are
satisfied that the person has done the capital and infamous crime, that person is
indicted. If they are not satisfied, he isn’t punished. If they are satisfied, then
there will be trial in the court + punishment.
Question of fact - that must be answered by interpreting the facts and evidence.
Question of law - the point of law that must be answered by applying legal
principles, interpretation of law.
