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The Fifth Amendment to the U.S. Constitution states:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…”
This cornerstone constitutional protection ensures that the government follows fair procedures before taking away a person’s liberty or property. It guarantees fundamental rights like the presumption of innocence, protection against double jeopardy, and the right against self-incrimination.
These protections apply just as much in today’s complex legal system as they did at the Founding. Whether someone is navigating a criminal prosecution, facing government investigation, or confronting modern forms of coercion and compelled disclosure, the Fifth Amendment stands as a critical safeguard against government overreach.
Our Fifth Amendment work spans a wide range of issues—from ensuring fair charging and adjudication processes to protecting against compelled self-incrimination and abusive practices. We also work to reinforce due process protections in emerging areas where evolving technology and legal frameworks risk eroding these fundamental rights.
The Fifth Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law—and protects against compelled self-incrimination, double jeopardy, and unjust prosecution. Yet despite these clear constitutional safeguards, modern legal practices have too often eroded these protections through coercive interrogation tactics, overbroad charging decisions, and procedures that prioritize efficiency over fairness. As advocates for the Constitution, we believe these trends threaten the integrity of the justice system and must be reversed
The People have the right to due process.
The People cannot be deprived of life, liberty, or property without due process of law.
The People are entitled to fair and balanced discovery laws
Several members of the board of the Due Process Institute, as well as Shana-Tara O’Toole and Joe Luppino-Esposito, authored contributions to the symposium report published by the National Association of Criminal Defense Lawyers and The US Chamber of Commerce Institute for Legal Reform. You can read those articles below.
NACDL’s Common Sense Grand Jury Reform Proposals (Plus Two)
Ross Garber
Reforming the Federal Criminal Code Will Restore Fairness to the American Criminal Justice System
John D. Cline
Confronting the “See What Sticks and Who Flips” Perils Of Federal Conspiracy Law
Shana-Tara O’Toole
Criminal Justice Reform Through a Focus on Federalism
Joe Luppino-Esposito
