Pros And Cons Of The Fifth Amendment

The four basic components of the Fifth Amendment include: double jeopardy, due process, the right to be heard by a jury and safeguards against self-incrimination. Double jeopardy is when the individual can only be tried for a crime once. In the event that they are acquitted and new information surfaces, they cannot be retried again for the same crime. Instead, new charges would have to be filed showing the individual violated another area of the law. (Sundahl, 2011)

The objective of Fifth Amendment is to protect the basic rights of the accused. The right was created in response to the Courts of Star Chambers, which were British courts that operated from 1487-1641. These courts used the method of truth seeking rather than having the case proved. The prosecutors would intimidate the accused into confessing rather than proving or having provision of evidence as to why the defendant was being held. These courts required the defendant to answer any questions put to him, without advance notice of the evidence or litigants against him. This lead to the founding fathers creating the Fifth Amendment to not

My topic selection is the Fifth Amendment. I have always heard the phrase ‘I plead the fifth’, but I have never truly known the entire origin. The Fifth Amendment is primarily known as a right, which protects an individual from self-incrimination. For example, a CEO of a corporation is accused of illegally dumping waste. The business pro for this situation, he could plead the Fifth about his own role in the dumping, but the limitation of the law does not permit the CEO to plead the Fifth about the corporation's policies or about the behavior of other corporate officers. (Thompson, n.d.) Overall, corporations do not have Fifth Amendment rights, only individuals.

The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly

As citizens of the United States, we possess rights that are guaranteed by the Constitution regardless of the circumstance. In relation to other rights, our constitutional rights are top priority and their here to stay. For police officers and the courts of the United States, this means that the criminal procedures they abide by must accommodate constitutional provisions that grant the people liberties from these procedures. Amendments VI, V, VI and XIV particularly focus on criminal procedures and require such procedures to adhere to these constitutional provisions.

Great post Caitlyn! I like how you pointed out the 5th amendment too. Both are for equal protection, but the 5th amendment focuses on the Federal Government, while the 14thamendment concentrates on the state governments. However, discrimination still may happen even though the sole purpose of the 14th and 5th amendment was to ensure equality. For instance, I don’t believe women are emphasized in that amendment, since it is mainly focused on race, ethnicity and religion. It is mentioned on multiple sources that in order for women to claim discrimination, one must have legal protection and sufficient evidence that is decidedly persuasive. The 14th amendment has helped women in the past, but realistically the amendment does not guarantee that

They also had jurisdiction on all transfers into the adult criminal system. The civil proceedings, however, did not afford youths who were indeed facing a potential loss of liberty the due process of law rights explicated in the 5th and 14th Amendments, such as the right to trial by jury and the freedom against self-incrimination. These were guaranteed to citizens in the 5th Article of the Bill of Rights. The 5th Amendment to the Constitution, states that "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 be compelled in any criminal case to be a witness against himself." The 14th Amendment required that all citizens of the United States receive equal protection under the law. The Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Such as the Griffin v California, case. The petitioner was convicted of murder in the first degree after a jury trial in California court.” According to Griffin v California. This was a Supreme Court case in which the court ruled by a 6-2 vote. This is abuse of the defendants Fifth Amendment rights for the prosecutor because to comment to the Jury on the defendants refuse to testify, or for the judge to state that such silence is evidence of guilt.

Land has been an integral part of culture since the beginning of time. From the Homestead Act to the modern real estate development age we care about where we live. We showed in the American Revolution that we are willing to fight for the land we love. However, under the Takings Clause of the 5th Amendment we are prevented from this specific action, fighting for something we love. The Takings Clause states, “nor shall private property be taken for public use, without just compensation." (US Const. Amend. V, sec. 3) The fifth amendment fails to protect the individual from the unjust seizure of land from the government, for there is no clause that allows for protecting one’s land if not compelled to sell. Even when given the right, the government, as seen through past landmark cases, has a very crooked definition of public use.

The fourth, fifth, and sixth amendments regards the rights individuals have when coming in contact or in custody with police officers. The fourth amendment is the right of search and seizure. A search is when a police officer goes into a space where the individual bevies they have privacy. A seizure is when a police officer says or does something that an individual would suspect that they are not free to leave police officer contact. The fifth amendment is the right to remain silent and the right to council. The right to remain silent and council only pertain when an individual is in arrest custody. And states "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process." The sixth

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an

Amendments in the Constitution are giving people, Americans the rights to have freedom and showing that from the Constitution. The rights that we as people have in our lives to speak up, and stand up for what we believe in.“U.S Constitution established Americans national government laws, and guaranteed basic rights for citizens”( The U.S Constitutions). Ten amendments were ratified by the states, there are twenty seven amendments in the constitution of the United States. All Amendments are representing America, for its rights and freedom. Amendments help and benefit Americans, they are a way to represent our freedom and of course the privileges that we are able to have. The Fifth Amendment is a very important one to the

The Bill of Rights is a document that was written by James Madison in 1791. The Bill of Rights has twelve amendments, three of which are known as criminal rights. They are, the 4th, 5th, and 6th amendments. The 4th Amendment says that one has the “right to be free from unreasonable search and seizure”. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (BRI 2010). The 5th amendment states, the right to remain silent and due process of law. “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 in time of war or public danger; nor shall any person be subject for the same offense 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; nor shall private property be taken for public use, without just compensation” (BRI 2010). Finally, the 6th amendment states that one has the right to counsel in all criminal prosecutions. “In all criminal prosecutions, the accused shall enjoy the right to a

The Fourth Amendment will protect individuals from search and seizures indirectly but not directly. The Fifth Amendment helps safeguard individuals from self-incrimination that do not apply to pretrial procedures because this amendment involves obtaining identification and not testimonies of evidence. The Sixth Amendment safeguards the individual’s right to an attorney during any criminal proceedings. This Amendment also safeguards identification procedures of an individual when an initial judgment presented to charge him or her with a crime.

The Bill of Rights is one of the most important things in the American government .The Bill of Rights has 10 Amendments. The fifth one however is one of the important one. The fifth Amendment deals with police procedures. Along with basic Constitutional limits, or in other words guidelines that Congress has to follow. The Fifth Amendment is a one of the most important Amendments because it gives people the rights to speech and privacy, the fifth doesn’t let people be charged with the same felony twice, and it gives citizens the right to a fair trial.