fifth amrndment

fifth amrndment

  • Submitted By: ramc56
  • Date Submitted: 03/27/2015 10:33 AM
  • Category: Philosophy
  • Words: 535
  • Page: 3


The Fifth Amendment
The Fifth 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, 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."
You must have a grand jury trial first leading to an indictment. This process is a mini-trial before the main trial that decides whether the case has enough value to even go to real trial. You cannot be tried twice for the same offense if you are found innocent of murder they can't charge you of the same murder again even if it is another charge. You cannot be forced to incriminate yourself when people say "I plead the fifth". This means that you don't have to admit to a crime, or have to say anything that might get you in trouble for another crime. You don't have to take the stand in a trial against you. This also applies to your spouse. Due process means the entire trial procedure so you cannot be imprisoned without a trial or without a conviction. your stuff can't be taken from you by the government without them paying you fairly. So if they are building a highway and need your house, they need to pay you fair market value. This Amendment requires the police to read you your "Miranda rights" before arresting you.
The fifth Amendment is important because it protects us from having our rights abused by the government.  It protects us from having the government take our freedom or our property without convicting us of a crime.  It also makes it harder for the government to actually convict us of crimes.  By doing...

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