Fifth Amendment

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 offence 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.

Published on October 25, 2011 at 8:57 pm  Comments (2)  

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    All persons of America is guaranteed trail by Grand Jury for serious crimes. All persons of America is guaranteed no to be punished twice for the same crime. All persons of America do not to testify against themselves in court. All persons of America are guaranteed fair, equal due- process proceedings. All persons of American shall be compensated if federal government uses property.

    EXPLAINATION: Five Clauses in the 5th Amendment

    Grand Jury Clause guarantees that all people of America should be trial by Grand Jury for serious federal crimes. This protects citizens from corrupt government officials and allows a grand jury to review evidence and case material to make a final decision.

    Grand Jury Exception Clause makes an exception to the Grand Jury Clause only for military personal. This clause was created to keep the federal government out of military transactions.

    Double Jeopardy Clause guarantees that all citizens cannot be tried twice for the same crime in court, unless appealed to a higher court system. This protects citizens from double punishment. In history, this works out for the better however sometimes it doesn’t work out. If a criminal was found innocent, however after that case has been decided, sufficient evidence was brought about to accuse the criminal of a crime, the case cannot be re-opened because the case has a final ruling.

    Self-incrimination Clause guarantees that citizens do not have to testify against themselves in criminal proceedings. Many people are familiar with the Fifth Amendment because of the phrase ” I plead the fifth”. Officers must read criminals their rights when being arrested which is ” you have the right to remain silent. Anything you say can and will be used against you in the court of law.” Officers must tell criminals these rights so they are aware of their Fifth Amendment rights.

    Due Process Clause guarantees that the government cannot take away “life, liberty or property” with due process. Due process means proper legal proceedings.

    Eminent Domain Clause promises government compensation for use of citizen’s property. This clause also extends to compensation for damaged property by government use. Amazing this also extends to, if the government activities such as airports or highways, lower house value, compensation is up for order.

    Everyday, criminals are arrested; police officers must read their 5th Amendment Rights. These rights are so powerful to those whom know it exist. It’s also powerful, if the officer does not read that rights, evidence from the proceedings may not be used. Before the 5th Amendment was created, government officials could of had their way. Corrupted systems, corrupted officers could make decisions, which may or may no be fair. Theses laws created ground rights for criminals and citizens as well as protect citizens from the government.

  2. Every person in the United States has the right to remain silent until brought to a Grand Jury. This is very important because if you are held by a an officer, anything you say can be held against you. No one should ever be convicted in jeopardy twice of the same offense. This was intended for the people. Make sure the government’s power towards citizens are limited.

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