The Fifth Amendment is typically equated in both popular and
legal discourse with the privilege against self-incrimination. This
concept, Garcia reminds us, represents an incomplete view of the
amendment. Often forgotten are the other two criminal clauses
embodied in the text of the amendment: the right to a grand jury
indictment for a serious crime and the freedom from double jeopardy
for the same offense.
Garcia emphasizes the relationship among these criminal
protections. Historical developments suggest that these seemingly
disparate provisions have common threads: to provide constitutional
protection for all trial-related rights. Underlying these
constitutional provisions is the need to check the potential abuse
of governmental power over the individual. Indeed, this theme
permeated the historical backdrop to the Fifth Amendment. Finally,
Garcia examples the practical ties of these clauses. The right to a
grand jury indictment, the privilege against self-incrimination and
the protection against double-jeopardy represent points in the
continuum of the criminal justice process. An important resource
for scholars and students involved with Amerian constitutional law,
criminal justice, and criminology.
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