Why was the Fifth Amendment included in the Bill of Rights?

The Fifth Amendment was included in the Bill of Rights to establish essential procedural safeguards that protect the rights of the criminally accused and secure individual life, liberty, and property against federal overreach.1

Its inclusion was part of a broader effort by the first United States Congress to address popular dissatisfaction with the limited individual protections provided in the original U.S. Constitution. By codifying these protections, the amendment ensures that the government cannot act arbitrarily in legal proceedings. Specifically, it serves the following purposes:21

• Legal Fairness: It mandates grand jury indictments for serious crimes and guarantees due process of law.13
• Protection from Abuse: It prevents double jeopardy and protects individuals from being compelled to testify against themselves.12
• Property Rights: It requires the government to provide just compensation when taking private property for public use.13

These guarantees reflect a commitment to the ethical principle that the state must respect the fundamental rights of its citizens during the administration of justice.12