The 5th Amendment

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  • Topic: United States Constitution, Supreme Court of the United States, Fifth Amendment to the United States Constitution
  • Pages : 3 (706 words )
  • Download(s) : 712
  • Published : April 3, 2001
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The 5th Amendment

Basically, the 5th Amendment states that no one shall be

charged with capital crimes without a Grand Jury's permission,

except in cases regarding the military while under service in wartime

or public danger. No one can be put on trial again for the same crime.

You can't be forced to testify yourself. That no one should be

executed, jailed, or have property seized without a legal precedent.

Also you can't be put through cruel or unusually punishment. If

private property is seized for public use, that the owner must be

compensated for their losses fairly. It also forbids deprivation of life,

liberty, or property without Due Process of the law.

The 5th Amendment is also often cited as the Double Jeopardy

Amendment. The Constitution does not say that individuals can't be

put on trail again for the same offense. The Constitution says that

should he defendant be tried again on the same charge or charges,

that they can't be executed or imprisoned for life without the

possibility of parole.

The 5th Amendment is also sometimes called the "Take the

Fifth" Amendment. It states that no defendant can be forced to

testify against themselves in a criminal case. When under oath, you

are expected to tell the truth, even if that truth was to put you in

trouble. Taking the fifth allows you to tell the truth about th case

without putting yourself in trouble. The Miranda are issued in 1966.

This is also the amendment that protects citizens from manifest

destiny. That is the federal government simply taking land or other

property of citizens without giving anything back. In fact, the

Constitution states that the owner shall be compensated a fair value of

the item or items taken will be paid to the former owner. This is

called Emient Domain.

5th Amendment Supreme Court Cases

The defendant, while...
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