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
MIRANDA v. ARIZONA 1966
The defendant, while...
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