The Fifth Amendment Is Falling Victim

The average American appreciates the Seventh Amendment (Amendment VII), though the text itself reflects much of the times in which it was drafted. They understand that it codifies the right to a jury trial in certain civil cases, and hinders courts from overturning a jury's findings of fact. The reason most people comprehend this amendment is because, The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. In this essay, I will share my opinion on the importance and efficacy of the 7th Amendment. I will also expound on other elements of this Amendment and finally, I will discuss how this amendment affects my life.

Chapter seven of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury, goes into extensive detail on the fourth amendment of the United States Constitution. To briefly sum up, the fourth amendment was put into place to help protect United States citizens against unreasonable or unlawful use of search and seizures (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 198-199). That being aforementioned, many individuals believe that there are various exceptions to the fourth amendment. Is this belief true? According to the article titled, Another Hit to the Fourth Amendment by the New York Times Editorial Board,

The seventh amendment is one of the provisions that has controversial information. It states that suits at common law…… the right of trial by jury shall be persevered. In this context, common law can be said to mean many things in common. In some way, it can mean judge made law in this case when one examines the judge founded laws as opposes to the statutes (Sellers, 2016). Second, it can be said to mean a particular body of law which was created and originated from the legislature. In the third context, it can mean Anglo-American law which opposes the European civil law (Sellers, 2016). In this case, it was derived from the Roman law. In the end, it can also mean that it can be linked to any law which historically was enforced in the common-law

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)

1971- 7th Amendment-  This Amendment gives us the right to a trial by jury. This prevents criminals from unlawful convictions and bias in court.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was harmed during the interrogation process.

The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn’t provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any chance

The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trial will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know( Ferdico, J 2005).

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

Military people can go to trial without the grand jury decision, it is a case when military person commits a crime during a war or a national emergency.

Imagine you are taken to court based on a crime you were unfairly charged with. If the Seventh Amendment was not in place, you could be denied from the right to trial by jury. Instead, you would be tried before judges, who are government officials. Without the jury

The sixth amendment is the right to speedy trial and public trial by an impartial jury of the state and district where crime committed, Informed of the nature and case of the accusation against them, To be confronted by the witness Against them, To have compulsory process for obtaining witnesses in their favor have the assistance of counsel for their defense. The sixth amendment was created and passed in 1789 when the bill of rights were accepted and passed, and then in 1891 congress went back and ratified the amendment. Congress passed this amendment because they felt that the British were ruling and not treating the criminals not fairly when it came to sentencing. The founding fathers also wanted to protect the rights of the accused; it also provides fair protections from prosecutions and investigations. An example of this is during

In 1966, Gary Duncan was charged in Louisiana with simple battery, a misdemeanor punishable by up to two years in prison and a three hundred dollar fine. Duncan requested a jury trial, but at the time, Louisiana granted jury trials only to cases punishable by execution or imprisonment at hard labor, and the Sixth Amendment right to a jury trial had not yet been incorporated against the states. Duncan’s request was denied. He was convicted after a bench trial and sentenced to sixty days in prison and a ten-dollar fine. Duncan appealed to the Louisiana Supreme Court, but it declined to hear the case. Duncan then petitioned the United States Supreme Court for review, asserting that the Sixth and Fourteenth Amendments guaranteed his right to a jury trial.

The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as “Bill of Rights”. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids “double jeopardy” and also protects against self-incrimination. In Civil cases, it requires the “due process of law” to be part of proceedings which denies a citizen “life, liberty or property”. At the same time it requires government to

This Amendment was passed by Congress on September 25, 1789 and was ratified by the states December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution.