5th Amendment. Essay

Topics: Grand jury, Jury, Fifth Amendment to the United States Constitution Pages: 2 (394 words) Published: May 1, 2013
Cornell Notes
5th Amendment
No person shall be held to answer for capita, 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 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 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. Infamous Crime

Whether a crime is “infamous” is determined by the nature of the punishment that may be imposed, nor the punishment that is actually imposed; however, crimes punishable by death must be death must be tried upon indictments. Therefore an infamous crime is one that is punished by imprisonment for over one year. Former defense attorney and Professor of Law at the University of Dayton School of Law Susan Brown conclude: “Since this is essentially the definition of a felony, infamous crime translate as felonies” Grand Jury

The exclusionary rule does not apply to evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth, or Sixth amendment cannot be introduced in court. Defendants do not have the right during questioning by the police while in custody. States are free to abolish grand Juries and many (though not all) have replaced them with preliminary hearings. The Bill of Rights in the National Archives. Currently, federal law permits the trail of misdemeanors without indictment if the defendants waive their Fifth Amendment right. That decision was overturned in 1987, when the Court held that members of the militia in actual service may be tried for any offense with indictments. The...
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