Fifth Amendment By Chris Cannon and Vincent Kukaj

Exact Definition:

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Our Definition:
You can't be put on trial more than once if you were not proven guilty the first trial. You can also plead the fifth and not admit to your crime during trial.

Q and A of the 5th amendment

Why would someone plead the fifth if they were really innocent?
Someone would plead the 5th during a court case or while being arrested so they do not self-incriminate themselves.

How do criminals get put in jail if actually innocent?
Criminals get put in jail still even if innocent because the have no clear evidence that he is innocent. So he pays the time in jail until the have clear evidence that he didn't do the crime. Sometimes the person stays in jail for there life or the sentencing if they were to do the crime because the can't find clear evidence.

Can people be held in contempt after invoking the 5th amendment?
You can not be held in contempt for pleading the 5th amendment. But you have a risk of self incriminating yourself on trail. usually contempt is punished by 30 days.

If an officer is questioning you can you plead the fifth amendment and not answer?
Yes, you have every right to refuse to answer questions which you might self-incriminate yourself.

Can any witness plead the 5th?
Witnesses that are called to the stand can refuse any questions they do not want to answer. Also un like defendants witnesses may be forced by law to testify.

Does the 5th amendment apply to blood tests and fingerprints?
The 5th amendment does not extend to the collection of DNA products or fingerprints in the connection with a criminal case.

Where does the origin of pleading the 5th come from?
The right against self-incrimination is rooted in the puritans refusal to cooperate with interrogators in the 17th century England. They were often tortured into giving in to doing the crime.

What is self-incrimination?
The right against self-incrimination forbids the government from compelling any person to give a testimonial evidence that would likely incriminate him or her self during a criminal case.

What is double jeopardy?
Double jeopardy is when you are brought in on trail for a crime and are found innocent you can't be put on trail again for the same crime.

What may a police officer do to a criminal by violating his or her rights?

A police officer may do many things that he or she may not be allowed to do because it is violating that persons rights. First, they may force you to say information even though you have the right to remain silent. Also, a police officer may treat you with cruelty. If you are not treated humanely, like being beaten or being deprived of food and water, your rights may have been violated. There are many ways that a police officer can treat a criminal unfairly which may be violating your rights which they may have consequences for.

What is "just compensation clause"?
"Just compensation clause" is when the government has the right to take private property for use, interpreted as market value, to the owner of the property.The government does not have to pay a property owner's attorney's fees, however, unless a statute provides them to do it.

What do people in the grand jury do?
People in grand juries bring everyday people's perspective into government cases of what crimes people may have committed.

What is the "due process clause"?
The "due process clause" requires all citizens requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution and all applicable statutes before the government can deprive a person of life, liberty, or property. The due process may also guarantee that a party will receive fair, orderly, and judicial proceedings.

What amendments relate to the 5th amendment?
Amendments 6 and 8 relate to amendment 5. Also, court decisions interpreting the Fourteenth's amendment due process right apply to the 5th Amendment.

What are the Miranda rights?
In 1966, the U.S. Supreme Court decided the case of Miranda v. Arizona, which said that whenever a person is taken into custody of policemen, before being questioned they must be told their 5th amendment right not to make any self-incriminating statements. As a result of her, anyone in trouble by the police have to be told these four things before being questioned:
  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.
Now, in everyday police situations, they need to say these four things before the police can do anything to them thanks to our Miranda rights.
Watch this video to learn more about the Miranda Rights:



Current Event By Vincent Kukaj

Name:Vincent Kukaj Teacher: Mr.Welsh
Date:1/14/15 Soc. Studies

Current Event Summary Form

News/Magazine/Complete Internet Address:

Article Title: Christie appointee pleads the fifth before state committee in bridge fiasco.

Article Date: Thursday January 9th, 2014 8:31 AM

Five things you learned from this article. Please write in complete sentences:

  1. One thing I learned was that an appointee can invoke the fifth amendment, Which offers protection against self-Incrimination.

2. Assemblyman John Wisniewski, the Democrat who who chairs the committee, disputed that Wildstein had the right under state law to decline any questions the committee voted to hold him in contempt.

3. Governor Christie lied about every thing about the bridge fiasco. The bridge fiasco stopped school buses from going to the school the pick up the kids also it made people late to somewhere they have to go.

4. The mayor of Fort Lee, Mark Sokolich, A democrat, had declined to endorse Christie, who is believed to be considering a run for the Republician presidential nomination in 2016.

5. Christie, at a press conference on the Thursday morning, apologized to the people of New Jersey and said he is embarrassed by his staff. He fired a top aide, Bridget Kelly, and said that she lied to him about the bridge fiasco.

My opinion of the article is that Governor Christie could have taken the situation a little better than how he did. He pleaded the fifth because he had no evidence to support his reasoning on the bridge fiasco in New Jersey. The reason or this fiasco was because his staff lied to him and he didn't know what was really going on. He should have asked his staff repetitively on the status of the bridge fiasco. He was very embarrassed on his staff because he excepts better from them. Another reason is because he could have been fixing the situation right when he found out about it. He knew he was doing the wrong thing. That is my opinion on the article about the bridge fiasco.

Chris Cannon's Current event

Teacher: Mr. Welsh 1-14-15 Social Studies

Current Event Summary Form

News/Magazine Complete Internet Address:

Article Title: Aaron Hernandez Case: Hernandez Pleads the Fifth in Response to Alexander Bradley Shooting
Article Date: Jan 28, 2014 12:20 PM

5 Things I learned from the article:

1. Bradley said that Aaron Hernandez shot him after they had a argument at the club and that he is seeking at least $100,000 in damages.

2. Hernandez was also charged in June with first-degree murder in the killing another associate of his, 27-year-old Odin Lloyd.

3. Days after Hernandez was linked to the murder of Lloyd, police received a tip from a nightclub security staff member who said he overheard a conversation that links Hernandez to both the 2012 slayings and the 2013 murder!

4. Currently, Hernandez has not been charged in connection with the 2012 double murder.

5. Hernandez remains in jail without bond, and is in solitary confinement at the Bristol County Jail.
Opinion of Article

My opinion of this article is that Aaron Hernandez made a very dumb decision in shooting his own friend. Also, it did not help him by pleading the fifth because he is still in trouble for his shooting (or shootings) because he is in jail. I also think he took his anger out on Alexander Bradley the wrong way and with too much cruelty. After the argument, he should have walked away from Bradley and move on instead of shooting him because that was a very cruel thing to do and he has to suffer cruel consequences for it. If I were Hernandez, I would have just admitted to my crime and payed the price because now, the consequences are going to be much worse if he is proven guilty. Aaron Hernandez is a very non-intelligent man for what he did and I will make sure to never to do what he has done.

Watch this video to learn more about the 5th amendment:


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Essential Question: How do the
issues which prompted the creation of the amendments compare with the issues they are applied to today?

Essential question By Vincent Kukaj

The 5th amendment was made to overrule a Supreme Court decision, to force a societal change, or to revise the details of the Constitution. The lack of Bill Of Rights was one of the main arguments that the Anti-Federalists. Several of the delegates refused to accept the amendment because they found it unnecessary. But they eventually agreed to the amendment because the Anti-Ferdealists started to riot. Also they were just done with the revolutionary war so they didn't want to fight again. The reason they are still around is because the are important and they actually use the laws still.It gave the Americans freedom. This amendment is still around because the people didn't vote to get rid of them because they think they are good laws. That's why the amendment are still around today and why they were first invented.

Chris Cannon's Essential Question

The 5th Amendment is one of the most important amendments in the constitution and is still very important to many people in their lives today. The 5th Amendment is one of the most important Amendments that has given Americans freedom. An example of this is our Miranda Rights. Our Miranda Rights are when somebody gets arrested, they have their Miranda Rights which are freedoms and rights that you have to help you in court. The Fifth Amendment also gives you rights in criminal cases and other types of cases used in our government today. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids double jeopardy and protects people against self-incrimination. The 5th Amendment also requires the government to repay citizens when they use their property. All of these things are used in real cases in our world today. These are reasons why the 5th Amendment is important and very helpful to people in their lives today.

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If you want to learn about the Due Process clause click on this link: