• The United States Constitution provides limitations on the criminal justice system to protect the rights of citizens. The Fifth Amendment to the Constitution provides liberties to American citizens to prevent abuse from the legal system. Among these rights are the necessity of an indictment by a grand jury, protection from double jeopardy, protection from self-incrimination, due process and protection of private property.
  
  

Indictment

• The Constitution protects individuals from being prosecuted for a "capital, otherwise infamous crime" unless they are presented with an indictment from a grand jury. The 1922 Supreme Court case United States v. Moreland clarified that "infamous" in this clause refers to any crime that could lead to a prison term. The exceptions to this clause are crimes committed by soldiers or sailors during time of war, in which case a grand jury indictment is not necessary for prosecution.
  
  

Double Jeopardy

• The Fifth Amendment limits the criminal justice system from prosecuting an individual for the same crime twice. Thus, if someone is found innocent of a crime, he may not be put on trial for it again. The amendment refers specifically to "jeopardy of life or limb" as crimes that cannot be prosecuted twice, but this has since been clarified by court cases to refer to any conviction that could lead to a punishment.
  
  

Self-Incrimination

• The Fifth Amendment protects suspects from incriminating themselves. No individual is obligated to testify against herself. This clause was put in because of the precedent in European countries at the time that allowed for investigators to torture confessions out of suspects. The famous court case that dealt with this clause was Miranda v. Arizona, which made it so that the police must inform suspects of their right against self-incrimination upon arrest.
  
  

Due Process

• The due process clause of the Fifth Amendment ensures that individuals accused of crimes may not be voided of life, liberty or property without "due process of law." While this clause is a sweeping limitation on the criminal justice system, it has caused controversy throughout American history. It has been the basis of several Supreme Court cases, such as Roe v. Wade (which legalized abortion because the ban violated due process). With relation to the criminal justice system, this clause protects individuals who have not yet been convicted of any crime from losing their possessions or livelihood.
  
  

Eminent Domain

• The final clause of the Fifth Amendment is known as the "eminent domain clause." It states that if the government must take private property for public use, the owner of the property must have "just compensation." Much like the due process clause, this clause has been controversial because of the ambiguous nature of "just compensation." While this clause does not relate directly to the criminal justice system, it shows how the Constitution sought to limit the United States' government's ability to hinder its citizens' livelihoods.
  
  

Sixth Amendment

• While the Fifth Amendment deals primarily with the criminal justice system, the arrest of suspects and the protection of their liberties and possessions, the Sixth Amendment is also important because it guarantees all citizens the right to a fair trial after their arrest. The Sixth Amendment establishes that the trial must be "speedy and public" with an "impartial jury." In addition, all individuals on trial are allowed the right to a lawyer for their defense.