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.
COMMENTARY:
A capital crime is one punishable by death. An infamous crime is one punishable by
death or imprisonment. This amendment guarantees that no one has to stand trial for such a
federal crime unless a grand jury has indicted (accused) him or her. A grand jury is a special
group of people selected to decide whether there is enough evidence against a person to hold
a trial. Persons cannot be put in double jeopardy (tried twice) for the same offense by the
same government. But they may be tried a second time if a jury cannot agree on a verdict,
if a mistrial is declared for some reason, or if they request a new trial. The amendment also
guarantees that persons cannot be forced to testify against themselves.
The due process clause, the statement that no person shall be deprived of life, liberty,
or property “without due process of law” is one of the most important provisions of the
Constitution. The same words are in the 14th Amendment as restrictions on the power of the
states. The phrase reflects the idea that a person’s life, liberty, and property are not subject to
the complete discretion of government officials. This idea can be traced back to the Magna
Carta, which provided that the English king could not imprison or harm a person “except by the
lawful judgment of his peers or by the law of the land.”
The Supreme Court has applied the due process clauses — there is one in the 14th
Amendment that limits the states — to widely different situations. Until the mid-1900s, the
court used the due process clauses to strike down laws that prevented people from using their
property as they wished. Today, the courts use the due process rule to strike down laws that
interfere with personal liberty.
The amendment also forbids the government to take a person’s property even for public
use without fair payment. The government’s right to take property for public use is called
eminent domain. Governments use it to acquire land for highways, schools, and other public
facilities, but they must pay the owners just compensation.
The Bill of Rights
Amendment 6
RIGHTS TO A FAIR TRIAL
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.
COMMENTARY:
A person accused of crime must have a prompt, public trial by an open-minded jury.
The requirement for a speedy and public trial grew out of the fact that some political trials