5th Amendment Interpretation

The four basic components of the Fifth Amendment include: double jeopardy, due process, the right to be heard by a jury and safeguards against self-incrimination. Double jeopardy is when the individual can only be tried for a crime once. In the event that they are acquitted and new information surfaces, they cannot be retried again for the same crime. Instead, new charges would have to be filed showing the individual violated another area of the law. (Sundahl, 2011)

Amendment V guarantees that a person cannot be forced to or be put into the position to incriminate himself, makes it so that a person cannot be tried twice for the same case, or if anything is taken from a person, it is not without “just compensation.” The Fifth Amendment gives people the right to remain silent, as to not accidentally incriminate themselves. It is only fair that the defendant is allowed to say however much, or little he or she wants. The Fifth Amendment also protects people who have been found innocent, and if new evidence surfaces after the trial that would incriminate the defendant, the double jeopardy rule, which says “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb,” makes it so that they cannot be brought back to trial. Finally the Fifth Amendment compensates people who have had personal property taken or destroyed by the government. The rights given to a citizen of the United States by the Fifth Amendment are only fair, and they are still important to this day.

The fourth, fifth, and sixth amendments regards the rights individuals have when coming in contact or in custody with police officers. The fourth amendment is the right of search and seizure. A search is when a police officer goes into a space where the individual bevies they have privacy. A seizure is when a police officer says or does something that an individual would suspect that they are not free to leave police officer contact. The fifth amendment is the right to remain silent and the right to council. The right to remain silent and council only pertain when an individual is in arrest custody. And states "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process." The sixth

Military people can go to trial without the grand jury decision, it is a case when military person commits a crime during a war or a national emergency.

Amendments in the Constitution are giving people, Americans the rights to have freedom and showing that from the Constitution. The rights that we as people have in our lives to speak up, and stand up for what we believe in.“U.S Constitution established Americans national government laws, and guaranteed basic rights for citizens”( The U.S Constitutions). Ten amendments were ratified by the states, there are twenty seven amendments in the constitution of the United States. All Amendments are representing America, for its rights and freedom. Amendments help and benefit Americans, they are a way to represent our freedom and of course the privileges that we are able to have. The Fifth Amendment is a very important one to the

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was harmed during the interrogation process.

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

The first amendment states that americans have the right to religion, speech, and much more. Therefore, they can say what they want and worship who they want as long as they follow our country’s laws and rules. The 5th amendment states that americans may follow the constitution but other than the rights that aren’t stated, they can do those too. This means that if a right is not granted on the constitution, this does not hold a person back from getting that right, they may get the right but they are still following the rules and laws of our country and following the Constitution.

The Fifth Amendment is located within the constitution of the United States of America. It consists of five well know clauses. Amendment V 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 offence to be twice put in jeopardy of live 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.” Within this report is the answer to questions such as; what is the Fifth Amendment, why was it created, what groups or induvial opposed and favored the amendment, and are there any groups who want to modify or repeal this amendment. Following these questions along with all clauses line for line comma to comma will be interpreted. It is imperative to know that the Fifth Amendment is used as a protective shield from arbitrary ways of government for this is the people’s interpretation.

The next right that will be discussed is the right to a fair trial by jury, this right entails four different amendments (Candela Open Courses, n.d.(b)). The amendments that this pertains to are the 4th, 5th, 6th, and the 8th. The fourth amendment is the right of a person to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. The searches and seizures can be done if there is a probable cause. Over the years, the courts have interpreted the amendment to allow police to search the following: person arrested, items in plain sight, property where there could be an immediate danger to anyone, and things that are in the arrested persons reach or touch. The fifth amendment requires that citizens can’t be accused of a serious crime without a grand jury investigation (Candela Open Courses, n.d.(b)). This also forbids double jeopardy, meaning that a person can’t be tried for the same crime for a second time. The fifth amendment protects a person from testifying against himself or herself in a trial. This amendment also enacted the “Miranda Rights”, that a person has the right to remain silent. The sixth amendment is

Yet Justice Black insists that the curfew was necessary, "… because we could not reject the finding of the military authorities that it was impossible to bring about an immediate segregation of the disloyal from the loyal…" Justice Frankfurter also comments that he could, "… find nothing in the Constitution which denies to Congress the power to enforce such a valid military order." So both Black and Frankfurter approve of the idea that the Fifth Amendment can forgo restricted application. Does this mean that there is a flaw in Hart's theory, or can primary and secondary rules run together and Black and Frankfurter simply applied the law erroneously? I would prefer the latter view, because given this situation where the Fifth Amendment has

In 1884, Supreme Court in Hurtado v. California decided not to incorporate this system in all of the states. Later, most of the states except Connecticut and Pennsylvania started similar Grand Jury.

Being necessary to the security of a free State, the right of the people to keep and bear

The importance of the Fifth Amendment versus legal loopholes are a vital key to making America safe. Legal loopholes allow guilty people to roam the streets freely, while people who were not given the same option to confess to a crime that he or she did not commit. It is crucial that individuals are given their rights before they have a chance to speak.

Meanwhile law officials are saying that the quality of their equipment to get into gadgets are low.But then Apple says that opening the phone leads to other problems like violation of the customer’s rights and privacy. Apple has protested that it is not right for the F.B.I. to go behind their back and have a third party join and decrypt the password.Apple also said that the government had forced them to try to open it for them and or to create a new way to unlock Mr.Farook’s phone and considered it to be forced speech and viewpoint of discrimination which violates the first amendment.The Apple had also said that the government had violated Apples Fifth Amendment right which says they allowed to dothings without the governments comments.They