Welsh+Period+7+Amendment+5

 = = =        =  The Fifth Amendment By: Jen, Marcos, and Antonio

     __ **Text of the 5th Amendment from the Bill of Rights ** __       "//__No__// person shall be held to answer for a __//capital,//__ or otherwise infamous //__crime__,// __//unless//__ on presentment or __//indictment of a Grand Jury//__ except in cases arising in the land of 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 jeopordy//__ 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//__."

__Q&A - Part One__ **//What is The History of the 5th Amendment//** **?** Before and during the War of Independence, colonists who were disloyal to the British King were treated as traitors. The British soldiers would take their guns, take their livestock and even take their homes for military use. A citizen accused won’t get a fair trial and usually end up either dead or on a prisoner’s ship. In “My Brother Sam Is Dead”, Mr. Meeker “old Bessie” gun was taken by the British,without a trial and he was sent off to their prison’s ship where he later died. Finally in 1791, Congress passed the 10 parts to the Bill of Rights which included the 5th Amendment because of this baclground.

//**Do we still need the 5th Amendment today?**// Yes,because it protects the rights of citizens that are accused of crime-
 * An accused must be given due process of the law
 * An accused can not be in jeopardy of the same crime twice
 * An accused can not be forced to testify against himself

//**How do these rights really work for you ?**//

(1) The //__right of life or liberty__// means that the government must recognize that your life and individual rights are very important. (2) //__Or property__// means that the government can not take your private property whether it your land or  your personal property (like livestock or gun) for the public without fair payment. (3) //__Without Due Process__// of the law means especially for crimes: (a) If you're arressted, you must be __//notified of the exact charges//__ and be given your __//day in court//__. (b) A //__Grand Jury__// (a special type of jury) decides if the government's case against you has enough evidence for your trial. If they say yes, then you must be given written notice of all the charges against you that's what is called an __//Indictment//__. (c) You're //__innocent__// until the governement proves that you are guilty. (d) You can not be //__forced__// by the government to //__testify against youself__//. If you decide not to tell your side of the story, the //__government can not say__// since you remain silent that __//you're guilty//__. (e) You're to be given a //__speedy trial__// with a __//fair jury//__. (f) If you're found not guilty of the crime, you can not be re-tried by the government for the same crime again because that's what is called //__double jeopardy__//.


 * by Antonio**

__ Simplified Explanation of the Fifth Amendment __ <span style="color: #ff0031; font-family: 'Comic Sans MS', cursive;"> **Part 1: Grand Jury Indictiment**  <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">In order to be tried for a serious crime, the Grand Jury must be presented with enough evidence for the suspect to be potentially guilty. Before the actual trial, the police, detectives, etc must present the Grand Jury with evidence that the person is guilty (example: finger prints, witnesses, etc). Then, the Grand Jury must review the evidence given to them to see if there is enough evidence for the case to move forward. <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">
 * Part 2: Double Jeopardy** <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">According to the 5th Amendment, a suspect cannot be charge for the same crime twice. For example, if a suspect is found innocent of a crime and some people still believe that they are guilty, they cannot hold another trial to prove they are guilty. The only time this can happen if there is a mistake during the trial (example: a DNA mix up). <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">
 * Part 3: Self-Incrimination** <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">The 5th amendment states that no person has to say anything about themselves (in a court situation) that may prove they are guilty. The person can remain silent. This is called "Pleading the Fifth".

<span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="color: #52ebcf; font-family: Impact, Charcoal, sans-serif;"><span style="color: #182bec; font-family: 'Comic Sans MS', cursive;">**Part 4: Miranda Rights**  <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"><span style="color: #52ebcf; font-family: Impact, Charcoal, sans-serif;"><span style="color: #182bec; font-family: 'Comic Sans MS', cursive;">The Miranda Rights are more recent than the rest of the 5th Amendment. It was added in 1966 after the case of Ernesto Miranda. The Miranda Rights is the right to know about the right to remain silent. The person who is going to potential accuse you of a crime (usually the police) tells the suspect "You have the right to remain silent, anything you say can and will be used against you." Then the peson makes sure you know and understand you're rights.



<span style="font-size: 110%; color: #1fd6b5; font-family: Impact, Charcoal, sans-serif;">By: Jen <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"><span style="color: #52ebcf; font-family: Impact, Charcoal, sans-serif;">  <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;"> <span style="color: #38dcb9; font-family: Impact, Charcoal, sans-serif;">By: Marcos <span style="font-family: 'Comic Sans MS', cursive;"> *any accused suspect of a crime who is not read their Miranda Rights, does not get a Grand Jury indictment, is forced to testify against themself, or goes to trial a second time for a crime in which they were already found innocent [except if there is a mistrial], is being treated unfairly under the Constitution. This amendment also says that no one should be robbed of their right to life, liberty and property without a fair trial.
 * <span style="color: #2129ed; font-family: 'Comic Sans MS', cursive;">P art 5:Taking Clause** <span style="display: block; color: #1e15f4; font-family: 'Comic Sans MS', cursive; text-align: left;">In this part of the amendment it states that the government can't take your property away without paying you the current value of your property.Also the governement CAN only use your property for public use.



<span style="font-size: 200%; font-family: Impact, Charcoal, sans-serif;">__More Q&A__ <span style="font-family: 'Comic Sans MS', cursive;"> ** When was the 5th Amendment ratified? ** The amendment was ratified in 1791 with the other 9 amendments in the Bill of Rights. <span style="font-family: 'Comic Sans MS', cursive;">   ** Why was the 5th Amendment nessasary to be added to the Constitution? ** The 5th amendment was added to the constitution becasue people disloyal to the King and Britian were thrown in jail for no reason. Citizens could throw each other in jail if they didn't like each other and had no reason for it. Also, suspects were forced to tell an answer when asked a question in court. British seized property, as well, and citizens were forced out of their own homes without being paid a fair price for it. ** What are the postives of this amendment? ** -if the government needs your property for public uses, you get money to cover the expenses to buy new property. -if you're guilty of a crime, you don't have to say anything -people who don't like you can't throw you in jail for no reason[= -if you're guilty and proven innocent, you can't go to trial again (so you lost the chance of being punished) **<span style="font-size: 120%; font-family: 'Comic Sans MS', cursive;">What are some negatives of this amendment? ** -if you "plead the fifth" it can make you look guilty =[ - you can't use the excuse "I DIDN'T KNOW I DIDN'T HAVE TO TALK" in a court -if the government takes your property, you lose your house -the Grand Jury can be convinced your guilty BEFORE your trail (when they look over the evidence) **<span style="font-size: 120%; color: #bc2998; font-family: 'Comic Sans MS', cursive;">What is the future of the 5th amendment? ** The fifth amendment has the ** __potential__ **to... -involve defense lawyers in the Grand Jury process -create more regular court cases involving the U.S. Military -might require miranda rights to be spoken to you in a prefered language (ex: spanish, italian, chinese, etc.) -double jeopardy and self-incrimation will most likely stay exactly the same **How is the fifth amendment used today?** Today the fifth amendment is used for many trials about property and people who have commited crimes. Also in a trial you will look more guilty if you plead the fifth.


 * By: Jen and Marcos **

====<span style="font-family: 'Comic Sans MS', cursive; background-color: #be00ff;"><span style="font-size: 120%; color: #7f00ff; font-family: 'Comic Sans MS', cursive; background-color: #ffffff;"> <span style="font-family: 'Comic Sans MS', cursive; background-color: #be00ff;"><span style="font-size: 120%; color: #7f00ff; font-family: 'Comic Sans MS', cursive; background-color: #ffffff;">     ==== ==   <span style="font-family: 'Comic Sans MS', cursive; background-color: #be00ff;"><span style="font-size: 120%; color: #7f00ff; font-family: 'Comic Sans MS', cursive; background-color: #ffffff;"> <span style="font-family: 'Comic Sans MS', cursive; background-color: #be00ff;"><span style="font-size: 120%; color: #7f00ff; font-family: 'Comic Sans MS', cursive; background-color: #ffffff;"> <span style="font-family: Impact, Charcoal, sans-serif;"> __Current Events__        __ : __     == ** Murder Conviction Overturned, Miranda Ruling Cited Source:**   [|**http://www.newschannel5.com/global/story.asp?s=9609599&CilentType=Printable**] **Date: January 2, 2009** By: Jen

This article is about a person named Kenneth Dailey III who was convicted of strangling a woman to death in 2004. The body of the woman was found in a car in Nashville, Tennesee. The police immediately suspect Dailey and called him in. Dailey went to the police station thinking he was going to get fingerprinted. When he arrived, Roland (the police officer) took Dailey in for questioning. During the interview, Dailey confessed he murder the woman. After the confession, Roland read Dailey his Miranda Rights. Then Dailey confessed again. Police arrested him and threw him in jail. He went to trial and was convicted and sentenced to jail. On January 2, 2009, however, the Tenessee State Supreme Court overturned Dailey's conviction because he was not read his Miranda Rights at the right time. As soon as he was accused, Dailey should have been read his Miranda Rights. Since the police failed to do so, the case was unconstitutional and Dailey was released. This article is important towards police, citizens, lawyers, and more because it's important to be read your Miranda Rights or else the whole case is unconstitutional. **Watch the __video news clip__ about this article and the __video tape__ of the police questioning Kenneth Dailey. You can decide if his 5th Amendment rights were applied fairly.** media type="custom" key="2983436"media type="custom" key="2983922"

**Marcos Barbieri By:Ed White** [|www.foxnews.com/wires/2008Dec23/0,4670,FormerProsecutionReporter,00.html] **__Atty Seeks Contempt order for Detroit reporter__ Tuseday, December 23, 2008** A Pulitzer Prize reporter from the Detroit free press was asked to be fined from $500 to $5000 until he reveals the source of information about a terrorism prosecutor. The reporter was asked to be declared in contempt. For several months he invoked the First Amendment, resisting a deposition. Finally he invoked the Fifth Amendment right against self incrimination. Convertino, from the Justice Department, wants to find Ashenfelter’s source, and he claims that his privacy was violated. Convertino’s lawyer says that citing the Fifth Amendment was improper unless Ashenfelter had the information through “fraud” or “Trickery”.

==**__Current event__ "Murder trial delayed: Defense motions to be heard " Date: January 12, 2009 Editor: Michael Levine,THe Garden Island.com Source:http://www.kauaiworld.com/articles/2009/01/12/news/kauai_news/doc496ae3289bff2122242852.txt In October, 2008, a man by the name of Payton Rapozo,22, of Wailua,HI. had an argument with his mother's boyfriend, Antonio Torres,43. Rapozo shot Torres in the head and he died. Rapozo was arrested for murder. The police questioned him and he made a statement.His trial was set for 01/20/2009 but the judge moved it to 04/06/2009 because Rapozo's attorney has made several motions to the court. Motion #1 is is to force the prosecutor to give him the following: (1)the Police Department notes,(2) toxicology (drugs) results,(3) reports on the victim's weapons.The prosecution claims that she already give all this information in court and that Rapozo test showed he didn't have any drugs in his blood. A hearing on this motion is set for 01/27/2009.Motion #2 is to get Rapozo to be released from jail or have his bail reduced from $1M. Motion #3 is to throw out Rapozo's confession to the police after arrest because it's violated the 5th(forced confession),6th(right to question witnesses) & 14th(all people are equal)Amendments.Rapozo's attorney also said that he was under doctor's care and wasn't taking his psych medication, had lots of stress and was mixing other drugs so he couldn't have waive his rights. The prosecution claims that he was given his Miranda rights, waived them & gave his statement freely.A hearing is set for 02/18/2008.The prosecutor also claims that she just got 500 pages of evidence that she has to go through first and then will turn it over to the defendant's attorney.Since the defendant had no drugs in his blood ,it does shows that he was not on his medication on the day of the murder and may not know what he did.For these reasons the muder trial was delayed.**== <span style="font-family: Impact, Charcoal, sans-serif;">__Our Sources:__ http://www.factmonster.com/ipka/A0769460.html http://www.factmonster.com/ce6/society/A0935076.html http://www.factmoster.com/ipka/A0769450.html http://civillibrary.about.com/od/lawenforcementterroism/p/5th_amendment.htm http://www.cyberlearning-world.com/nhhs/compapps/workshop/billofrights/brfuture.htm http://www.volokh.com/files/Boucher.pdf