5th amendment
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Amendment 5 and 6 Explained

Frank Alcock explains Amendment 5 and 6 during an event at the Emerson Center. Staff video by Keith Carson.
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Fifth Amendment | LII / Legal Information Institute

Fifth Amendment | LII / Legal Information Institute | 5th amendment | Scoop.it
Mikayla Topoleski's insight:

The fifth amendment of the US Constitution provides, "No person shall be held to answer for a capital.People consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights. A person being charged with a crime that warrants a grand jury has the right to challenge members of the grand juror for a particular liking. The Double Jeopardy Clause aims to protect against the harassment of an individual through successive prosecutions of the same alleged act.While the federal government has a constitutional right to "take" private property for public use, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property.  

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fifth amendment

fifth amendment | 5th amendment | Scoop.it
Definition of fifth amendment in the Legal Dictionary by TheFreeDictionary.com
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The Fifth Amendment intends that its provisions would apply only to the actions of the federal government.The Double Jeopardy Clause of the Fifth Amendment prohibits state and federal governments from reprosecuting for the same offense a defendant who has already been acquitted or convicted. It also prevents state and federal governments from imposing more than one punishment for the same offense. The U.S. legal system has two primary divisions, criminal and civil. Criminal actions are designed to punish individuals for wrongdoing against the public order. Civil actions are designed to compensate victims with money damages for injuries suffered at the hands of another.

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vl1209_fifth-amend.pdf

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Fifth Amendment issues arise in civil cases often with little warning, however, and practitioners who may have never represented a criminal defendant are suddenly confronted with a constitutional right primarily associated with criminal law.  Despite the U.S. Constitution’s apparent limitation of Fifth Amendment rights to any criminal case (as well as an identical limitation in the Virginia Constitution). The Fifth Amendment privilege is available to an individual in any court in other circumstances. The Virginia Court of Appeals has extended the privilege to “private papers.”

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5th Amendment

5th Amendment | 5th amendment | Scoop.it
The meaning and purpose of the 5th Amendment, which guarantees you do not have to testify against yourself in court, along with easy explanations of double jeopardy, due process, eminent domain and self-incrimination.
Mikayla Topoleski's insight:

The 5th amendment is better known to most Americans than the other admendments in the Bill of Rights because of the familiar phrase " I plead the fifth," often used as a defense in criminal trials. The 5th amendment guarantees Americans several other basic rights. They have the right to trial by Grand Jury for certain crimes, the right not to be tried or punished more than once for the same crime, the right to be tried only with due process of law and the right to be paid fair compensation for any property aken by the government for public use.

The Grand Jury Clause guarantees that Americans cannot be charged with serious federal crimes except with an indictment by a grand jury. This is generally considered to be a protection from government officals who might try to prosecute people unfairly, because a group of fellow citizens is required to look over the evidence first.


 



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The Fifth Amendment and Takings of Private Property

The Fifth Amendment and Takings of Private Property | 5th amendment | Scoop.it
This page includes materials relating to the continuing controversy over how the Takings Clause of the Fifth Amendment should be interpreted.inks, images, documents.
Mikayla Topoleski's insight:

The Takings Clause of the Fifth Amendment is one of the few provisions of the Bill of Rights that has been given a broader interpretation under the Burger and Rehnquist courts than under the Warren Court. It is a clause near and dear to the heart of free market converatives. Only certain types of takings cases presents serious interpretive questions. It is clear when the government physically seizes property (as for a highway or a park, for example) that it will have to pay just compensation. The Court has had a difficult time articulating a test to determine when a regulation becomes a taking. It has aid there is " no set formula" and that courts " must look to the particular circumstances of the case." 



 


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Dean Cannon argues against Amendments 5-6

Florida's incoming house speaker lays out his argument against the redistricting amendments 5 and 6.
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Criminal Justice: Fifth Amendment: Right to Remain Silent

Criminal Justice: Fifth Amendment: Right to Remain Silent | 5th amendment | Scoop.it
“ Taking the Fifth ” refers to the practice of invoking the right to remain silent rather than incriminating oneself. It protects guilty as well as innocent
Mikayla Topoleski's insight:

The fifth amendment refers to the right to remain silent rather than incriminating oneself. This right has an important sequence for police questioning, a method that police use to obtain evidence in the form of confessions from suspects. 

If the accused did not have the right to remain silent, the police could resort to torture, pain, and threats. If a suspect waives his or her right to remain silent and voluntarily confesses, the government can use the confession against the suspect.The point of law is that forced confessions offend the dignity of human beings, undermine the integrity of government, and tend to be unreliable.

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5th Amendment Rights of Persons - U.S. Constitution - Findlaw

Fifth Amendment U.S. Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a...
Mikayla Topoleski's insight:

The right seems to have been first mentioned in the colonies in the Charter of Liberties and Privileges of 1683, which was passed by the first assembly permitted to be elected in the colony of New York. The basic purpose of the English grand jury was to provide a fair method for instituting criminal proceedings against persons believed to have committed crimes. he prescribed constitutional function of grand juries in federal courts for is to return criminal indictments, but the juries serve a considerably broader series of purposes as well.

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The Fifth Amendment: Yesterday, Today, and Tomorrow

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The fifth amendment is protecting again the self-incrimination.The privilege against self-incrimination is such a provision. As stated in the Fifth Amendment: "No person . . . shall be compelled in any criminal case to be a witness against himself". The latest extension of the privilege is, in its broadest application, to congressional investigations which everyone must know and concede are not and cannot fall within the meaning of the Fifth Amendment privilege unless the words "in any criminal case" are completely ignored.

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Amendment 5

Mikayla Topoleski's insight:

The fifth amendment states that nobody can be put on trial for a very serious crime, unless a group of people called a grand jury first decide that there is enough evidence to make a trial necessary. However, people in the military can be put on trial without an indictment or a grand jury, if they commit a crime during war or a national emergency. If someone is put on trial for a crime and the trial ends, they may not be tried again for the same crime. If they are convicted and serve their time, or if they are acquitted, they may not be put on trial again. 

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khedlu17's curator insight, April 16, 2014 5:50 PM

This article talks about the 5th Amendment. The 5th Amendment is part of the US Constitution. Why this relates to government and law is that it protects peoples rights. The 5th Amendment 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. 

naknuts37's curator insight, April 19, 2014 10:21 PM

In response to khedlu17:

The 5th Amendment states that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, etc." Why is it important that a person not be made to witness against theirself? Why is Due Process so important in the court system and elsewhere? Who does it protect? 

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Bill of Rights and Later Amendments

Bill of Rights and Later Amendments | 5th amendment | Scoop.it
Bill of Rights and Later Amendments, in a collection of Historic Documents of America.
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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. Upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The fifth amendment is in my opinion a great amendment. No person should have to get up in court without a grand Jury and enough evidence. If there is not enough evidence against that person, the court should not be necessary. 

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