Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 100 views

    5th Amendment101

    Uploaded by

    Donald King
    The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    5th Amendment101

    Uploaded by

    Donald King
    100 views40 pages
    The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

    Original Description:

    US Government Powerpoints

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    100 views40 pages

    5th Amendment101

    Uploaded by

    Donald King
    The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 40

    The US Bill of Rights

    The 5th Amendment

    What is the 5th Amendment?


    What rights of guaranteed to me
    under the 5th Amendment?
    What is the 5th Amendment?
    n No person shall be held to answer for [an]
    infamous crime, unless onindictment of a
    Grand Jury, except in cases arising in the land or
    naval forceswhen 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; 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
    What does all that mean?
    n Grand jury indictments / types of juries
    n You cannot be tried for the same crime twice
    (Double Jeopardy)
    n You do not have to testify against your self. (I
    plead the fifth) / Confessions
    n You must have due process (fairness) of law
    before you are convicted
    n The government cannot take your land unless it
    pays
    Where did the 5th Amendment originate?
    n During the American
    Revolution, suspected
    rebels were arrested /
    held w/out trial
    n Forced into false
    confessions
    n Property seized

    n The Founding Father


    wished to keep the new
    government from having
    this power
    Horrid Conditions of American prisoners
    during the Revolution
    What is in the 5th Amendment?
    n No person shall be held to answer for [an]
    infamous crime, unless onindictment of a
    Grand Jury, except in cases arising in the land or
    naval forceswhen in actual service in time of
    War or public danger

    n Themes:
    n What type of trial can I get as a US citizen?
    What types of trial can I get as a US
    citizen?
    n Two (2) types:
    n petit jury =
    hearing & a jury trial
    n grand jury =
    determines evidence

    n Grand juries
    determine evidence,
    but can also
    investigate
    Grand Jury & JonBent Ramsey
    Ken Starr & The Impeachment Grand Jury
    Treason Trials in the US
    Should inmates at Gitmo get 5th Amendment
    protection?
    What is the 5th Amendment?
    n nor shall any person be subject for the
    same offense to be twice put in
    jeopardy;

    n Theme:
    n Double Jeopardy
    What is double jeopardy?
    n Double Jeopardy
    means that a person
    can not be tried for
    the same crime twice

    n Does not apply:


    n Mistrials
    n New trials due to
    appeal
    The OJ Simpson case
    Double Jeopardy still applies
    Dan White / Twinkie
    Defense (1978)
    What is the 5th Amendment?
    n nor shall be compelled in any criminal
    case to be a witness against himself

    n Theme:
    n Self-incrimination
    n Confessions
    n Immunity
    What does it mean to plead the fifth?
    n A defendant in court
    cannot be forced to
    testify against him or
    herself
    n Pleading the 5th

    n In Europe, courts used


    questioning to trap
    suspects & incriminate
    themselves
    McCarthyism (1950s)
    What does the 5th Amendment say about
    confessions?
    n Police rely on
    confessions to help
    prosecute criminals
    n Must be voluntary

    n In Europe, police
    used torture to get
    confessions
    n false confessions
    The Inquisition
    The Head Vice
    The Judas Chair
    The Pear
    The Wheel
    FREEDOM ?

    The Rack
    Central Park Jogger Case (1989)
    The Central Park Five (2012)
    West Memphis Three (1993)
    West of Memphis (2012)
    The Norfolk Four (1997)
    Immunity from Prosecution
    What are the Miranda Rights?
    n The Miranda Rights is
    the warning police give a
    suspect once in custody
    n Miranda v. Arizona
    (1963)

    n Lets a defendant known


    their Constitutional rights
    before questioning
    n Right to remain silent
    n Right to an attorney
    Miranda v. Arizona (1963)
    What is the 5th Amendment?
    n nor be deprived of life, liberty, or
    property, without due process of law

    n Theme:
    n Due Process of law
    n Eminent Domain
    What is due process of the law?
    n Due Process is the
    idea that the
    government must
    respect all the basic
    rights of a citizen

    n The idea dates back


    to Magna Carta
    Habeas corpus / Unlawful
    Imprisonment
    Due Process in Schools
    What is Eminent Domain?
    n Eminent Domain is the
    governments power to
    seize private property for
    public use
    n Citizens must be
    compensated for their
    loss

    n Another idea dating back


    to the Magna Carta
    Eminent Domain & Centralia, PA

    You might also like