How the Fifth Amendment works and why not guilty verdict does mean a defendant is innocent
Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.
The Fifth Amendment continues: “…(n)or 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.
Books and treatises have been written about the Fifth Amendment.
Our Supreme Court has expanded the amendment, which applies to the states pursuant to the Fourteenth Amendment. Rights provided to all persons in accordance with the final clauses of the Amendment are:
The right not to be compelled to be a witness against oneself in a criminal trial, which is commonly called “taking the Fifth” in everyday language.
The right to be afforded “due process of law” in all criminal and civil proceedings.
The right for “just compensation” or payment when private property is taken for public use.
Trial defendants do not have to testify in court
In a criminal trial, state or federal, the prosecutor (district attorney, state’s attorney, or U.S. attorney) bears the burden of proof against the accused “beyond a reasonable doubt” and to a moral certainty.
The defendant on trial has no burden, including the decision whether to testify in the trial. The prosecutor has the full burden.
Further, the prosecutor cannot comment on the defendant’s choosing not to testify. Such a comment, directly or indirectly, could warrant a mistrial. If the judge or the jury has a “reasonable doubt” that the government did not prove any element of a crime charged, then the defendant should be found not guilty.
A not guilty verdict is not the same as being innocent. It means the government did not meet its burden on each charge. People often confuse a not guilty verdict with innocence.
That simply is not the case. Only two entities know whether or not the accused is actually innocent: the accused and God Almighty.
If the judge or jury announces a “not guilty” verdict, that means that the state or federal authorities failed to prove their case beyond a reasonable doubt and to a moral certainty.
What are due process and eminent domain?
Due process applies to both criminal and civil matters. Due process requires that all individuals are treated fairly and equitably.
Legal issues must be resolved and decided based on established principles, procedures, and rules. That is why we have rules of court; civil and criminal procedure rules; rules of evidence; or ethical rules. Our systems must abide by the rules, whether we refer to criminal or civil rules. They must protect life, liberty, property and “the pursuit of happiness.” Our Constitution is one of the timeless written documents in the world.
“Just compensation” refers to the concept of eminent domain or when the government, federal or state, takes a person’s property for public use.
The first step is to determine if property has been taken, either by a direct taking or indirectly by action of the government. If the government takes your property, then you are entitled to be compensated for it. Often such takings will warrant a jury trial, depending on the jurisdiction. One would be entitled to fair market value for her or his property. That all has comes back to the Fifth Amendment. Due process requires fair and consistent rules and equal treatment for all.
We shall continue with the Sixth Amendment. Constitutional study is time well spent. Interpretations are that of the author. Some may interpret the same words of the Constitution in a different way. We always encourage comments from readers.
Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay.
This article originally appeared on Nashville Tennessean: Constitution knowledge: How the Fifth Amendment protects Americans
