5W7

Fifth Amendment

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Essential Question: What issues prompted the creation of your amendment?
What impact did your amendment have on society at that time?
What issues prompted the creation of your amendment?

The Fifth Amendment was introduced in 1789. This amendment was made to eliminate the problems of self-incrimination. Self-incrimination is the act of implicating oneself in a crime or exposingoneself to criminal prosecution. Self-incrimination may occur as a result of interrogation or may be made voluntarily. This could help many stay out of trouble. Many agreed while some disagreed. People were upset they were always being questioned and forced to answer so colonists came up with the 5th. But this also let bad people get away. This rule was bad and good at the same time. Overall, the fifth was created to help many. (sophia)

UNITED STATES v. WINDSOR
https://www.law.cornell.edu/constitution/fifth_amendment
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Some issues that prompted the creation of the fifth amendment was that people didn't have the rights that were needed when they were on trial. Puritans were tortured to confess their religous beliefs. If they remained silent they were "guilty". The fifth amendment was created and people could protect themselves from self-incrimination. People shouldn't have to be proven guilty for being silent. People don't have to put themselves at risk by saying anything that could give them away. This amendment made things more fair for both sides. In conclusion, the fifth amendment had a positive effect on society. (sinead)

Fifth Amendment

An amendment to the U.S. constitution, enacted in 1971 as part of the Bill of Rights, providing chiefly that no person be required to testify against him, or herself in a criminal case that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.
http://constitution.findlaw.com/amendment5.html

Meaning of the 5th amendment: The fifth amendment states if someone is put on trial for crime and the trial ends, they may not be tried again for the second time. If they are convicted and serve their time, they may not be put on trial again. Also this amendment gives you the right to remain silent if the jury is investigating you. The right to remain silent allows a witness to decline to answer any questions asked.

In double jeopardy can you re-open a case if certain evidence is found?

In double jeopardy you cannot reopen a case on the same trial. However, if you are accused of another crime the topic can be brought up again and used against you.


Is a witness allowed to remain silent?
The right to remain silent is a legal right, therefore yes, witness's can remain silent in a case. Even if they watched the whole event happen they can stay silent.

What does it mean to plead the fifth?

"Pleading the Fifth" is a colloquial term for invoking the privilege that allows a witness to decline to answer questions where the answers might incriminate him or her, and generally without having to suffer a penalty for asserting the privilege.

What was the fifth rooted from?

It came from the puritans refusal to cooperate with the interrogaters. This occured in 17th century England. They were tortured into saying their religious beliefs. If they remained silent they were proven guilty.


Benefit of Pleading the Fifth

The benefit was that if you don't speak you will not have anything that may effect you or get you into more trouble. Judges can also get more information on what you say and how you say it. This is a good right because you want to become not guilty and something you say canmake you seem like you did it or were a part of it. Overall, this just helped you stay out of trouble.


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The main reason why fifth amendment was made

The fifth amendment was made so people could have the right to be free from self-incrimination. This means that you don't have to speak, therefore nothing else can be held against you.

Who introduced the fifth amendment?

James Madison introduced the fifth amendment at the Constitutional Convention.
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What are the important five rights of people involved in the justice System?

- Right to have the Grand Jury hearing: Grand Jury is the group of citizens.
- Protects citizens from double jeopardy.
- Prohibits self-incrimination. Police can't force people to say things that might be used against them in trial. Police remind the people of the right to remain silent and that anything that do say can be used against them at trial. Miranda Warning
- Says "A person can't be deprived of life, liberty or property, without due process of law." Means government must follow clear rules and act reasonably as it carries out law.
- Government can't take person's private property without paying a fair price.

How did society react to the fifth amendments? Did they like it?

Society liked the fifth amendment. They liked the fact they did not have to confess. They didn't want to bother answering to the jury. This was especially liked by criminals. If they got away with crime with no evidence you didn't have to say anything. Saying something would make you more suspicious.