Fifth Amendment to the United States Constitution

Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. Its guarantees stem from English common law. For instance, grand juries and the phrase "due process" both trace their origin to common law.

Due process

The Fifth Amendment prevents individuals from being punished without "due process of law." Due process extends to all persons (including non-US citizens) and corporate entities. The Fourteenth Amendment explicitly binds the states with due process protections. (See due process in the United States for a discussion of what constitutes due process in both state and federal contexts.)

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