Should The Fifth Amendment Cover Fair Pay?

The court can either choose to do a preliminary hearing or grand jury for John's first appearance.. In a preliminary hearing is conducted with no jury and the judge is the fact finder. A grand jury hearing is where the prosecution presents the case to a group of citizens outside the presence of the defendant and they (the grand jurors) are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution.

Amongst topics of conversation regarding eminent domain, one will find regulatory usage of land, seizing of land for public use, and the most controversial of late, the seizing of land from a private owner and giving it to a more economically beneficial, often politically connected private owner. Kelo v New London (US 2005), has prompted dozens of proposals to reform eminent domain practices legislatively. Most of these proposals would restrict the use of eminent domain to transfer property from one private individual to another. It is one thing to have a city claim property to further the development of the city by building roads, schools, etc. It is another thing altogether for the government to seize a property so as to gain money from higher taxation. For many years, however, courts have read the public-use restraint broadly, enabling governments to take property from one owner, often small and powerless, and transfer it to another, often large and politically connected, all in the name of economic development, urban renewal, or job creation.

"Property being an inviolable and sacred right, no one may be deprived of it except when public necessity..."

In a normal Missouri trial the grand jury usual meets for a day. In Officer Wilsons trial the prosecutor did not bring charges against Officer Wilson, In a typical trial the prosecutor usually suggests or recommends what charges to bring against the defendant. In Officer Wilson trial he was allowed hours of personal testimony, versus a regular trial where personal testimony isn’t

The above statement tells that no one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence, if there is enough evidence produced then an indictment is issued, which means that the person who is charged with the crime will be put on trial for the crime.

Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.

While the Government holds complete authority over the owner's property, they guarantee fair and adequate compensation for the owner in the event which he or she forced out of their property - this is the law. As well as offering fair and adequate compensation, the Government may not take or begin construction on the property until definite arrangements have been made for payments (Sargent and Wallace 6-9). However, landowners are not always forced off of their property. Many times the families living in these areas were moved because of the tremendous property damage, flood damage, or the fact that their land interferred with government property (BonaLaw 1). When land is purchased through the Government the landowner is offered “Just Compensation,” meaning that the owners of the property will be offered the highest selling price that their land will sell for (Sargent and Wallace

In America’s justice system, a grand jury is a group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged (Gaines G-4). In the Central District of California, prospective jurors who report and are not excused or postponed, the Jury Clerk will use a computer program to randomly select 23 members and ten alternates for each grand jury. A grand jury designated “investigatory” meet for a 12-month term, while a grand jury designated “accusatory” meets for a 6-month term. A grand jury has 23 members and meets once a week, always on the same weekday. Grand juries do not meet on weekends or Mondays. The average workday is 5 hours. Absences for medical appointments, vacations, graduations, etc. may be accommodated, but 16 members must be present for the grand jury to conduct business. The grand jury serves the United States District Court, Central District of California. In contrast, a trial jury is asked to reach a verdict based on the evidence presented during a civil or criminal trial; a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone. That formal criminal charge is called an “indictment” (Central).

Furthermore, it was found that the prohibition of use was a deprivation of any reasonable use for the parcels and eliminated the unrestricted right of use resulting in the parcels being rendered valueless. Lastly, the court determined that the parcels had in fact been “taken” by the Act and ordered that Lucas be paid just compensation in the amount of just over $1.2 million. Required compensation encompasses that the property owner to suffer a physical “invasion” of his property as well as denies all economically beneficial or productive use of land. The Supreme Court of South Carolina ruled that when regulations are in place to “prevent serious public harm”, id. at 383, 404 S.E.2d at 899, just compensation is not owed under the Takings Clause despite effect on property value. The court was unable to back the statue that construction of the two lots would threaten he public resource. Id. at 383, 404 S.E.2d at 898. The court reasoned that any regulations that deny a property owner of viable economic use of land constitutes regulatory deprivation requiring compensation. Due to Lucas having to sacrifice all economically beneficial uses for a common good and must leave the property useless then the owner had suffered a taking. It was argued that the owner’s view of deprivation of all economically beneficial use constitutes a deprivation in the

A Grand Jury consists of 12 to 23 members and since it was derived from common-law, Grand Jury clause is interpreted from common-law itself. Grand Juries giving indictment in any kind of criminal cases formed with a jury of peers and its proceedings are operated in private and closed environment. These Juries are also provided specific instructions regarding any kind of law by the judge. The Grand Juries have other rights like many constitutional restriction and constraints which apply in a court, do not apply during grand jury proceedings. Exclusionary rule is an example which does not apply when specific evidences are presented to a grand jury.

The Just Compensation Clause is under the Fifth Amendment in the constitution. There is much controversy that surrounds the Compensation Clause because even though the property owner is being compensated for their land, they are still losing their land without any say in the matter. The constitution states “nor shall private property be taken for public use without just compensation,” proving that the government can take what they want as long as they pay the amount of money that they think is right.

During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.

It is strange how they come up with these laws to compensate you after they have taken your land. This is where we come to the development of the property law. How did the protection of your private property come about? Protection and content are given to the ownership of property by custom or law. The type of property law in a society may be taken as an index of its social and economic system. Even though there is a difference between realty and personality. Realty is chiefly land and improvements built thereon. Sometimes it is loosely

All the jury must agree on a verdict, if this is not possible then the

The jury sit in a box to one side of the judge. One member is selected as a foreman, this means he or she speaks for the jury.