Fifth Amendment

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  • Topic: United States Constitution, Supreme Court of the United States, Court
  • Pages : 3 (1034 words )
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  • Published : December 1, 2010
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The Fifth Amendment dates back to the 17th century, in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states, “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 completed 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.

Question #1 What specific constituencies supported the provisions of this amendment at the time of the Constitutional Convention? Who were they and why did they support it?
The Federalists (James Madison) introduced and supported the provisions of the 5th amendment. Madison included a constitutional provision that an individual shall not “be compelled to be a witness against himself.” Congress added the words “in any criminal case”, meaning that the provision, which will become one of the Fifth Amendment’s clauses providing safeguards against abuse of criminal laws. Because the idea that double jeopardy was wrong was so widely upheld by the colonists, James Madison also presented the Double Jeopardy Clause to Congress.

Question #2 Were there any groups or persons that were against the inclusion of this amendment (or any part of it)? Who were they and why did they not support it?
There were not any groups or persons that were against the inclusion of the 5th Amendment at the time of the Constitutional Convention.
Question #3 Were there any changes or modifications proposed that were not included in the...
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