The Fifth Amendment Is Falling Victim

The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.

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.

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.

Imagine you are taken to court based on a crime you were unfairly charged with. If the Seventh Amendment was not in place, you could be denied from the right to trial by jury. Instead, you would be tried before judges, who are government officials. Without the jury

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.

The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn’t provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any chance

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

Crimes are not always admitted. The Fifth Amendment gives the right to say “I plead the Fifth” which means that once you say that then nobody can make one talk and tell that you have done something wrong or just anything in general. In this case it is about committing crimes so if someone pleads the Fifth then they do not have to admit the crime or say anything after that and nobody makes that person. This is good for many people. The people that admit the crime it is better for them but it also helps the community. Pleading the Fifth saves a lot of time, the person that committed crime does not have to be known as a liar as well as a murder, and usually the person who committed the crime does not like to admit it and they do not have to admit it.

The fifth amendment is important. “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 life 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.”. I think the 5th amendment should stay because we need the due process, the right to be silent, and no double jeopardy.

The sixth amendment is the right to speedy trial and public trial by an impartial jury of the state and district where crime committed, Informed of the nature and case of the accusation against them, To be confronted by the witness Against them, To have compulsory process for obtaining witnesses in their favor have the assistance of counsel for their defense. The sixth amendment was created and passed in 1789 when the bill of rights were accepted and passed, and then in 1891 congress went back and ratified the amendment. Congress passed this amendment because they felt that the British were ruling and not treating the criminals not fairly when it came to sentencing. The founding fathers also wanted to protect the rights of the accused; it also provides fair protections from prosecutions and investigations. An example of this is during

The average American appreciates the Seventh Amendment (Amendment VII), though the text itself reflects much of the times in which it was drafted. They understand that it codifies the right to a jury trial in certain civil cases, and hinders courts from overturning a jury's findings of fact. The reason most people comprehend this amendment is because, The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. In this essay, I will share my opinion on the importance and efficacy of the 7th Amendment. I will also expound on other elements of this Amendment and finally, I will discuss how this amendment affects my life.

Chapter seven of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury, goes into extensive detail on the fourth amendment of the United States Constitution. To briefly sum up, the fourth amendment was put into place to help protect United States citizens against unreasonable or unlawful use of search and seizures (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 198-199). That being aforementioned, many individuals believe that there are various exceptions to the fourth amendment. Is this belief true? According to the article titled, Another Hit to the Fourth Amendment by the New York Times Editorial Board,

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