ARTICLE V.
SECURITY TO LIFE, LIBERTY AND PROPERTY.
_No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury,[1] 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;[2] nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;[3] nor shall be compelled in any criminal case to be a witness against himself,[4] nor be deprived of life, liberty, or property, without due process of law;[5] nor shall private property be taken for public use without just compensation.[6]
[1] For information in regard to the method of conducting criminal trials, see Division I.
[2] The necessity here for prompt and exact obedience to orders is so urgent, that summary methods of trial must be permitted.
For information regarding trial by court martial, see appendix, page 338.
[3] That is, when a jury has rendered its verdict and judgment has been pronounced, the accused cannot be compelled to submit to another trial on the same charge. But if the jury disagrees and fails to bring in a verdict, he may be tried again.
[4] Accused persons used to be tortured for the purpose of extorting from them a confession of guilt.
[5] In a despotism, the lives, liberty and property of the people are at the command of the ruler, subject to his whim. [6] For an illustration of the method of securing private property for public use, see page 18.