The 5th Amendment Essay

692 words - 3 pages

          The 5th Amendment

     Basically, the 5th Amendment states that no one shall be

charged with capital crimes without a Grand Jury's permission,

except in cases regarding the military while under service in wartime

or public danger. No one can be put on trial again for the same crime.

You can't be forced to testify yourself. That no one should be

executed, jailed, or have property seized without a legal precedent.

Also you can't be put through cruel or unusually punishment. If

private property is seized for public use, that the owner must be

compensated for their losses fairly. It also forbids deprivation of life,

liberty, or property without Due Process of the law.

     The 5th Amendment is also often cited as the Double Jeopardy

Amendment. The Constitution does not say that individuals can't be

put on trail again for the same offense. The Constitution says that

should he defendant be tried again on the same charge or charges,

that they can't be executed or imprisoned for life without the

possibility of parole.

     The 5th Amendment is also sometimes called the "Take the

Fifth" Amendment. It states that no defendant can be forced to

testify against themselves in a criminal case. When under oath, you

are expected to tell the truth, even if that truth was to put you in

trouble. Taking the fifth allows you to tell the truth about th case

without putting yourself in trouble. The Miranda are issued in 1966.

     This is also the amendment that protects citizens from manifest

destiny. That is the federal government simply taking land or other

property of citizens without giving anything back. In fact, the

Constitution states that the owner shall be compensated a fair value of

the item or items taken will be paid to the former owner. This is

called Emient Domain.
          5th Amendment Supreme Court Cases

               MIRANDA v. ARIZONA 1966
     The defendant, while in police custody, was questioned by
police officers, detectives, or a prosecuting attorney. The defendant

Find Another Essay On The 5th Amendment

Supreme Court Cases: The Contrast in the Constitution and Constitutional Law

1177 words - 5 pages person's expectation objectively reasonable, being one that society is willing to recognize? (Kanovitz, 2010). However, in order for the 4th Amendment to be enforced, the U.S. Supreme Court acted upon the powers warranted by Congress to protect and uphold the Constitution. The 4th Amendment does not clearly define exactly what an unreasonable search is thus, leaving the interpretation to the discretion of the court. Incidentally, the 5th

The Bill of Rights Essay

1509 words - 6 pages amendments and how they are important to us. Third Amendment Back when the colonies were under the British government, the King had order that the colonists would house his soldiers to save money. This law had angered the people because not only did they have to house them but they had to feed them. So, when the framers’ were drawing up the Bill of Rights, they thought it would be important to show the people that the new government would not have

Criminal Procedure

1355 words - 5 pages Amendment The 5th amendment consists of rights guaranteed and significant to the criminal justice system. These constitutional rights include right against self-incrimination; double jeopardy clause, “be deprived of life, liberty or property without due process of law” and grand jury indictment clause. Because the burden of proof is on the prosecution, it is not mandatory for any suspect charged with a crime to act as a witness against himself, or to

Is Roe Viable?

677 words - 3 pages On the website , the opinion of the court issued by Justice Blackmun, stated in the suit brought forth against the state of Texas in Roe v Wade, there were alleged infractions against 5 of Roe's constitutional rights. These were against her 1st, 4th, 5th, 9th, and 14th amendment rights. Although the final decision was based on the violation of her 14th amendment rights, there were also arguably violations

The Failure of the Prohibition Act of 1920

2605 words - 11 pages In 1919 the Constitution of the United States issued the 18th amendment, enforced into law as the National Prohibition Act of 1920. Prohibition is the banning of the manufacture, sale, and possession of alcohol, including beer and wine. This amendment was repealed with the passing of the 21st amendment to the constitution, allowing the possession of alcohol in the United States. In the City of Washington on Monday, December 5th, 1932 the 21st

A Taxing Amendment, The Revenue Act

1259 words - 5 pages government, however. Their basic freedoms have also been infringed. The 5th Amendment protects US citizens from self-incrimination, but the government has ruled that it cannot be used to conceal wealth earned by illegal means. During Prohibition, this led to the incarceration of many bootleggers and mobsters; because they did not want to reveal their illegal activities, they omitted the wealth earned by those activities on their tax

Fourth, Fifth, and Sixth Amendments to the Constitution

1212 words - 5 pages CJL 4064 Amendment Project As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700's. Today, in 2010, our country has developed in the use of language, our principles, and

Senate Election Reform

1214 words - 5 pages their Senators. With this, pressure came and ultimately the 17th Amendment, allowing people to directly elect their Senators. The 17th Amendment came relatively easy but it was not without its own controversy then or now. The 17th Amendment is a relatively simple and straight forward document. It states simply that Senators will be elected by popular vote and that Senators will serve for six years and have one vote in the senate. This

Bill of Rights Why they are the most important rights

553 words - 2 pages amendments reflect the colonists' hostility toward standing armies; they guarantee the people's right to bear arms and limit the quartering of soldiers in private homes.The 4th Amendment is aimed at the abuses the colonists had suffered from writs of assistance and general warrants; it secures the people against unreasonable searches and seizures and requires warrants to be specific and issued only upon probable cause.The 5th Amendment requires grand

The Bill of Rights

1354 words - 5 pages Bill of Rights We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th

Bolling v. Sharpe

904 words - 4 pages jurisdiction . That’s why the Bolling case needed to be solved separately. The result of the Bolling case was the same, just based on different arguments. The judges used the 5th amendment in their reasoning. This amendment says: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service

Similar Essays

Case Brief On 5th Amendment Essay

580 words - 2 pages Case brief on 5th amendmentFACTS:A federal grand jury in South Dakota is investigating possible criminal violations of the Clean Water Act, at a corporation's wastewater treatment facility. Two former employees have pleaded guilty to a conspiracy to violate the Clean Water Act, and the grand jury investigation includes whether senior corporate officers may be criminally liable as "responsible corporate officer".ISSUE:Does the individual have a

The Fifth Amendment Essay

973 words - 4 pages ." Findlaw. N.p., n.d. Web. Feb. 2014. . "The 5th Amendment." The 5th Amendment. N.p., n.d. Web. Feb. 2014. . Russell, Tony, Allen Brizee, and Elizabeth Angeli. "MLA Formatting and Style Guide." The Purdue OWL. Purdue U Writing Lab, 4 Apr. 2010. Web. Feb. 2014

The Fifth Amendment Essay

865 words - 4 pages -incrimination.html>. "The 5th Amendment." The 5th Amendment. N.p., n.d. Web. Feb. 2014. . Russell, Tony, Allen Brizee, and Elizabeth Angeli. "MLA Formatting and Style Guide." The Purdue OWL. Purdue U Writing Lab, 4 Apr. 2010. Web. Feb. 2014

Due Process Essay

663 words - 3 pages fact. Due process requires impartiality. The 4th amendment requires an independent judge to preauthorize police searches and seizures. The 6th amendment guarantees impartial juries. Due process limits pre-conviction imprisonment. The 8th amendment prohibits excessive bail and the 6th amendment guarantees a speedy trial. Before federal criminal trials, the 5th amendment requires a grand jury, ensuring the evidence warrants a trial. Due process