ipl-logo

Fifth Amendment Pros And Cons

526 Words3 Pages

The Fifth Amendment, or Amendment V, is in the Bill of rights which is included in the United States Constitution. This amendment protects a person against having to be a witness against themselves during a criminal case. “I Plead the Fifth” is a spoken term that allows a person to decline to answer questions that might incriminate him or her, without penalty or having it count against him or her. It became a “part of the Bill of Rights on September 5, 1789 and was voted for by 3/4 of the states on December 15, 1791,” according to the article The Fifth Amendment written by kids.laws.com. There are five freedoms that are given to U.S. citizens with the Fifth Amendment. This amendment states, “a person can’t be put on trial for a serious crime, unless a grand jury decides …show more content…

If there is enough evidence, a prosecution is issued. Only then can the person who is charged with the crime can put on trial. Although, a person in the military can go to trial without a grand jury first deciding that it is necessary if the person commits a crime during a national emergency or a war.” Once the trial ends, the person cannot be tried again for the same crime. This is called Double Jeopardy. The government also cannot force someone testify against himself. This is why trials use evidence and witnesses instead of a testimony. The government also cannot “take away a person’s right to life, property, or freedom without going through certain steps that give the person a fair chance,” which is also stated in the article The Fifth Amendment. This “chance” is referred to as Due Process. Due Process helps to protect a citizen’s rights. The government cannot take away a person’s property for public use without paying compensation. The defendant in a court case cannot be punished for using their right

Show More
Related

Landmark Cases: Barron V. Baltimore

808 Words | 4 Pages

The fifth amendment is possibly one of the most underrated yet incredibly important amendments in the constitution. The fifth amendment gives rights relevant to both civil and criminal proceedings, the most well known being the protection against self-incrimination and the “double-jeopardy” clause. The rights given in the fifth amendment have proven to be important, yet controversial over the years in this country’s justice system. The fifth amendment gives various personal liberties involving the court system.

Read More

Pros And Cons Of The 8th Amendment

1186 Words | 5 Pages

The Sixth Amendment to the United States Constitution is part of the Bill of Rights, and it guarantees certain rights to individuals accused of crimes. These rights include the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the

Read More

Arturo Miranda Research Paper

515 Words | 3 Pages

The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously. In 1963 a man named Ernesto Arturo Miranda was arrest for robbery.

Read More

Miranda Vs Arizona Research Paper

440 Words | 2 Pages

Miranda v. Arizona Imagine getting convicted of a crime and not have know your rights before the trial. Before 1963 most people were unaware of their rights as citizens. The fifth amendment protects defendants from being forced to become witnesses against themselves. The sixth amendment guarantees the right of an attorney.

Read More

Gideon Vs. Wainwright Case Analysis

1227 Words | 5 Pages

The 5th Amendment protects against self-incrimination. In 1966, Earl Warren explained the decision for all law enforcement. The Supreme Court will overturn any case if their rights are not said to them. This case established a legal precedent that future courts must follow. “....Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him….

Read More

Pros And Cons Of 4th Amendment

516 Words | 3 Pages

have in the past noted the Fourth Amendment’s relevance to the deprivations of liberty that go hand in hand with criminal prosecutions.” Albright v. Oliver, 510 U.S. at 274 (citing Gerstein v. Pugh, 420 U.S. at 114). The availability of a Fourth Amendment remedy ensures

Read More

Attainder And Ex-Post Facto Law Case Study

969 Words | 4 Pages

The amendment is combined with many different safeguard and rights, which protect the person(s) from the accusation in criminal cases (Ostler, 2010). The Fifth Amendment state the right of accusation by a grand jury before charges, double jeopardy, expose of oneself, fair trial, and possession of property. A person can only be accused by a judge before any charges against the person. If the person accused of the same crime, he or she cannot be charged again. This is called double jeopardy.

Read More

What Are The Similarities Between Harrison Bergeron And V For Vendetta

1263 Words | 6 Pages

Another civil liberty portrayed in the film V for Vendetta is pleading the fifth. It is well known that the Miranda rights within the U.S. are delivered to the person who is being taken into custody by police officials. Failure to deliver this warning to the criminal the prosecutor is unable to take the evidence that was said into consideration in the courtroom. Aside from knowing there are exceptions to this rule, our rights should always be protected and not manipulated. Although it is perceived that the government captures and interrogates Evey to provide information on V is a hoax planned by V himself, in reality they may have done the same if not worse had they found her.

Read More

How Is Japanese American Internment Justified

499 Words | 2 Pages

Without the declaration of martial law, the United States forced Japanese Americans out of their homes. This, in effect, deprived these citizens from the equal protection of the law given by the Fifth Amendment of the U.S. Constitution. The Fifth Amendment states that a person can not be held responsible for a crime committed without just cause, or habeas corpus. Governor Murphy states, “This racial restriction...is one of the most sweeping and complete deprivations of constitutional rights in

Read More

Grand Jury: An Important Role In The Criminal Process

433 Words | 2 Pages

The “special” federal grand jury, that was created in 1970, can be used to investigate “possible” organized criminal activity in preference to a specific crime. Grand juries have been used by the government to gather information on political movements, because of their broad subpoena powers. The due process clause of the constitution commands that no one may be “deprived of life, liberty, or property without the due process of law.” The due process of law can be found in the Fifth and Fourteenth amendment of the United States constitution.

Read More

First Amendment Pros And Cons

1735 Words | 7 Pages

The First Amendment protects five of our basic rights as Americans; this is through the Constitution and Bill of Rights. The Frist Amendment grants Americans the freedom of religion, speech and press. In addition, the First Amendment allows Americans the right to peacefully assemble, but it prohibits petitioning a government redress of grievances. With these five freedoms, Americans are allowed to express themselves, with certain limitations, without having to fear punishment from the government. The Firs¬¬t Amendment is what set the foundation for the constitution of the United States of America and is the reason our government functions properly.

Read More

Important Amendments In The United States Constitution

343 Words | 2 Pages

In the United States constitution there are important amendments written that help protect the American citizens form the government. Among those amendments is the Fifth Amendment which is to protect the people from incriminating themselves from unlawful justice. This was put in place so the people that are uninformed of the laws has a chance to speck with a lawyer before being question for a crime that they might not have committed. In the fifth amendment there is multiple parts, the first part is the Miranda rights which are given to you when you are being arrested.

Read More

Essay On Fifth Amendment

623 Words | 3 Pages

Out of the criminal protection amendments, the fifth encompasses a number of protections and is, in fact, the largest amendment in the Bill of Rights, furthermore, the amendment offers the greatest protections for the criminally accused. This protection is offered by one encompassing idea, due process of the law.

Read More

Importance Of Declaration Of Independence Essay

494 Words | 2 Pages

All of our liberties are secure unless someone has broken the law then only that said person can be deprived of his or her liberty with due process of law. This brings us to the Fifth Amendment, which states that no person should be deprived of life, liberty or property without due process of law. In other words, the government cannot take a person’s life, liberty and property unless proven guilty in court the judge and jury both determine them guilty or not guilty and decide whether to deprive them of their liberty, life or property. Also, not one person is above the law, every person is equal and will receive the same punishment as anyone

Read More

Universal Declaration Of Human Rights

855 Words | 4 Pages

The14th Amendment guarantees every American the right to life, liberty or property; including the right to a fair trial. Everyone born in the United States or any naturalized citizen has the right to be considered not guilty according to the law. Most of us have heard the term “innocent until proven guilty”; this basic notion is a part of the United States justice system, initially incorporated in the Bill of Rights to ensure all citizens receive a fair trial if charged with a crime; known as due process of law. Ultimately, the 1st amendment protects these rights; however, the 14th amendment imposes the Bill of Rights on the states, ensuring that states never unfairly limit the rights of Americans ("Fifth Amendment Right Against Self-Incrimination

Read More

More about Fifth Amendment Pros And Cons

Related Topics

Open Document