USA HISTORY

Detailed explanation-1: -The clause provides that no person can be convicted twice of the same offense. Its basic concept is found in English common law, although some scholars suggest that the idea has its origins in Roman law. The effectiveness of the clause depends on whether two separate offenses can be considered to be the same offense.

Detailed explanation-2: -Known as Miranda rights, these rights include the right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one.

Detailed explanation-3: -The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law.” The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states.

Detailed explanation-4: -When an individual takes the Fifth, her silence or refusal to answer questions cannot be used against her in a criminal case. A prosecutor cannot argue to the jury that the defendant’s silence implies guilt.