Amendments V and VI

(Criminal Process)


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.


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

1.Assize of Clarendon, 1166
2.The Body of Liberties of the Massachusets Collonie in New England, 1641
3.Earl of Shaftesbury's Trial
4.Bill of Rights, sec. 11, 2, 16 Dec. 1689
5.Fenwick's Trial
6.Delaware Charter of 1701, ARTS. 5, 6
7.Sir Matthew Hale, History of the Common Law 1713 (posthumous)
8.William Hawkins, Pleas of the Crown 2:CH. 25, §§ 99, 100; CH. 46, § 30 1721 ed.
9.Sir Matthew Hale, History of the Pleas of the Crown 1736 (posthumous)
10.Montesquieu, Spirit of Laws, bk. 6, CH. 2, 1748
11.Brownsword v. Edwards
12.John Adams, Instructions of the Town of Braintree on the Stamp Act, 10 Oct. 1765
13.Stamp Act Congress, Declaration of Rights, 19 Oct. 1765
14.William Blackstone, Commentaries, 4:298--307, 317--19, 342--50, 352--55, 1769
15.Continental Congress, Declaration and Resolves, 14 Oct. 1774
16.John Adams, Novanglus, no. 5, 20 Feb. 1775
17.Connecticut Constitutional, 1776
18.Virginia Declaration of Rights, sec. 8, 12 June 1776
19.Delaware Declaration of Rights and Fundamental Rules, 11 Sept. 1776
20.Georgia Constitution of 1777, ARTS. 39, 58
21.Vermont Constitution of 1777, CH. 1, ARTS. 10, 19
22.Debate in Massachusetts Ratifying Convention, 30 Jan. 1788
23.Respublica v. Shaffer
24.House of Representatives, Amendments to the Constitution, 17--18 Aug. 1789
25.Holmes v. Comegys
26.Commonwealth v. Dillon
27.United States v. Insurgents
28.State v. Garrigues
29.Zephaniah Swift, A System of Laws of the State of Connecticut 2:398--99, 1796
30.State v. Squires
31.Respublica v. Gibbs
32.People v. Barrett
33.United States v. Burr
34.United States v. Burr
35.United States v. Burr
36.United States v. Charles
37.Meade v. Deputy Marshal
38.People v. Casborus
39.State v. Edwards
40.People v. Goodwin
41.United States v. Miller
42.Commonwealth v. Cook
43.United States v. Perez
44.Crenshaw v. Tennessee
45.United States v. Gooding
46.United States v. Marchant
47.United States v. Saline Bank
48.In the matter of Spier
49.Sanderson's Case
50.Bull v. Loveland
51.United States v. Shive
52.Joseph Story, Commentaries on the Constitution 3:§§ 1778--83, 1785--87, 1833
53.United States v. Gibert