Amendment Of The Fifth Amendment

The Bill of Rights was like a pinky promise made between the new government and the States. One of the more well known promises made by the Bill of Rights was the second amendment which protected the rights of the populace preventing the federal government from infringing on “the right of the people to keep and bear arms.” (Bill of Rights, 1791). This was originally intended to preserve the ability of the people of the United States to once again overthrow tyrants if the need arose. Not coincidentally, George Washington himself was afraid that even he could become a tyrant.

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)

This Amendment was passed by Congress on September 25, 1789 and was ratified by the states December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution.

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

The Second Amendment was very important to the Constitution and was included because the government wanted the people to be able operate weapons, defend and fight when they were called upon to do so. When the Constitution was written, we had just ended a fight for independence from England. As a newly free county, without organized militia, as we have today, it was necessary that every person be able to fight.

This amendment was a part of the Bill of Rights and adds a number of rights for an accused citizen. These rights include a fair trial, speedy and public trial, an impartial jury, a notice of accusation, a confrontation of the witness, and right to a lawyer. A speedy trial means that the government cannot delay a trial to keep you in jail. A public trial ensures that rules a being followed correctly. An impartial jury means that they will not convict you without sufficient evidence. A notice of accusation forces the government to tell you what you did wrong. A confrontation of a witness is that people who saw the crime must testify. A right to a lawyer means that you have the right to have a lawyer even if you do not have the money for one.

The Fifth Amendment of the constitution is the section in the Bill of Rights, which protects an individual from being held for committing a crime unless it is indicated correctly by the police.

Leading on, you are not a criminal if there is no proof given. It is common to were when being guilted for doing something and knowing it did occur but claiming there is no evidence you have the right to prevent this from occurring. “The fifth amendment makes it harder for the government to actually convict of crimes” (What Is the Importance and Significance of the Fifth Amendment?). When being accused but were not actually guilty for it and there is no proof at all, there is no right for anyone, the government to put you as a criminal, which will benefits some in a good way because the crime could not be the most serious topic. There are cases that have occurred this year where they have pleaded the fifth like, Michael Flynn. Some argue that the fifth amendment is not the best because it's having criminals be free .“Why is it a good policy to give criminal defendants a Fifth Amendment right to silence in their own trial, as opposed to giving them the same rights and obligations as third-party witnesses”(Bennett Haselton Questioning the Fifth Amendment), is being asked. Giving criminals a defendant can help if it is not a major event that occurred but again, if the crime was to be huge or even life threatening to other then it is more likely that there will be a high amount of evidence to proof that they are guilty and the person will be more committed to what they have done and take the

Due to the British oppression, every American, including our founding founders, wanted greater protection of their rights. To accomplish this, James Madison drafted the Bill of Rights and by the end of 1791, every state had ratified the first ten amendments. The First Amendment is primary, not just because it is at the beginning, but because it articulates the First Freedom and the nature of that freedom. It states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” By connecting the freedom of religion with the freedoms of speech and press, the First Amendment showed the people of America what it is to be a human (Bill of Rights).

There are different clauses that are incorporated within the Fifth Amendment which provide basic outline constitutional limits with respect to police procedures. These different clauses have been derived from various sections like Grand Juries Clause was derived by Framers and Magna Carta derived the Due Process Clause, dating back to 1215. The Fifth Amendment protects each and every individual, not just citizens. Top most scholars taken this into consideration and stated that the Fifth Amendment which is familiar to almost every individual can be classified by breaking down into five distinct constitutional rights:

Ratified in 1791, the seventh amendment protects the right to trial by jury in civil cases and for most of its history it has fulfilled its intention in this role. Unlike many other amendments, the seventh is not one that has not often been directly challenged. From its inception it has remained largely unchanged except for small practical adjustments. The seventh is not considered as essential to the protection of liberties and freedoms and this is reflected by it not being subordinated to the states.

The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as “Bill of Rights”. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids “double jeopardy” and also protects against self-incrimination. In Civil cases, it requires the “due process of law” to be part of proceedings which denies a citizen “life, liberty or property”. At the same time it requires government to

Overall this section of the constitution assures people rights will always be met as the government will bend and stretch around them. Amendment one section 8 was added into the constitution because of the philosopher John Locke’s 1688 ideas about one’s personal rights in terms of the relationship between government and people. He stated that society must be held to a “social contract” that stated the role of the ruler and the people. Furthermore, he stated “no body can have the power to make laws without their own consent”. These ideas of his translated directly over to natural inalienable rights of all people stating that a government must respect it people and their rights given from God.

It was there to clearly show the rights of the people, so that they could never be taken away. The 1st amendment included freedoms such as freedom of assembly and free speech or the 2nd amendment which is the right for everyone to bear arms. It is often shouted out by gun associations when the government tries to put restrictions on the ownership of guns. The founding fathers put this in place so that it would outline in more the detail the precise freedoms of the people, which also helped to convince the smaller states.

Basically says that all capitals and “infamous crimes” needs to be dealt with in a grand jury and that everyone has the right to not say anything that can be used against them in the court of law. Unless under military service or during times of war in which public safety is prioritized. Also no person should ever be charged twice for the same or similar offense they committed last time around.