Welsh+Period+4+Amendment+5



=Amendment 5 = =By Catherine M. Eri T. John Carl N. = ==*How did the issues which prompted the creation of your amendment compare with the issues they are applied to today?* == 

===*The issues that prompted the creation of this amendment are almost the same today. The United States still believes that every person should have rights even if they are some type of criminal. Every person has a right, even in a court.* ===

Familiar Rights: The most familiar right that US citizens are most familiar with is the right to remain silent and not testify in court.

1) Q= What is the ratification date? A= Amendment 5 was ratified on December 15, 1791

2) Q= When was it proposed? A= It was proposed on September 25, 1789

3) Q= Why was this amendment created? A= This amendment was created so that every citizen accused of committing a crime was given certain rights. Under the fifth amendment the accused person's rights are to remain silent and not testify. In most cases the accused do not "plead the fifth" and do not remain silent, mostly because they believe that they are innocent.

4) Q= What main issues were happening around the time that the amendment was created? A= The colonists had just won the Revolutionary War and were creating a central government along with a Constitution and a Bill of Rights to insure citizen's rights.

5) Q= What issues are happening today that relate to the creation of the fifth amendment? A= Criminals are going to court and being read their rights. their option is to plead the fifth and remain silent. They have the option not to testify against a crime that they are being accused of.

6) Q= Why did the writers of the Constitution believe they should include the rights of criminals? A= The writers felt they should give every living person a right, including criminals who do wrong and potentially hurtful actions. The writers believed in fairness, and so they included rights for every human being, even if they committed a crime.

7) Q= Who came up with and proposed this amendment? A= James Madison had the idea of this amendment. He proposed it, and also wrote it.

8) Q= Has this particular amendment been changed or improved since its ratification date in 1791? A= President Lincoln suspended this amendment during the Civil War in 1861, and suspended it nationally in 1862. He suspended only part of this amendment. He suspended **__Habeas Corpus  __** <span style="color: rgb(31, 6, 172); font-family: Tahoma,Geneva,sans-serif;">, which is a fair speedy trial by jury of your peers. Congress found it unconstitutional years later, but President Lincoln was dead.

9) Q= How does this amendment work? A= the fifth amendment works in a "system." This "system" is due process and Miranda Warnings. Miranda Warnings is the process where a police officer who is working on the case will read the rights that the criminal has to the accused. Miranda Warnings included the fifth amendment, mostly the right to remain silent and not testify to the judge or to the jury. Due Process has two aspects: procedural and substantive. The procedural due process is a process by which legal proceedings are conducted. This is conducted in fair manner by a judge. The substantive due process is is concerned with the content of particular laws that are applied during legal proceedings. The Due Process Clause was made to the state conventions for ratification.

10) Q= How many people are involved with the system of the fifth amendment? A= Many people are involved with the system of this amendment. People such as juries, police officers, lawyers, judges and of course the accused. The juries listen in on the cases and deciede if the criminal is innocent or guilty. The police officers watch the accused and read the Miranda Warnings. The lawyers work for the criminal, usually trying to prove that their client (the criminal) is innocent. The judge has the final say. The judge directs the case and has the final say in whether or not the accused criminal is guilty or innocent. The criminal just sits there either testifying or not to the crime they are accused of.

11) Q= What is double jeopardy? A= Double Jeopardy is when a person is prevented from being trialed twice for the same crime unless a mistake is discovered after the court case has taken place.

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=<span style="display: block; color: rgb(40, 161, 230); font-family: 'Arial Black',Gadget,sans-serif; text-align: center;">Current Events: = <span style="color: rgb(11, 183, 114); font-family: 'Comic Sans MS',cursive;">Catherine's Subject= Baseball Players and Steroids Updated: March 18, 2005, 11:26 AM ET

McGwire admits nothing; Sosa and Palmeiro deny use
http://sports.espn.go.com/mlb/news/story?id=2015420

<span style="color: rgb(8, 146, 217); font-family: Tahoma,Geneva,sans-serif;">In this article a Major League Baseball Player, Mark McGwire is being questioned to see if he used illegal steroids in 1998 to "then" record of 70 home runs in 1998. While being swarmed by a lot of paparazzi, all wanting to know the same thing, " Did Mark McGwire use illegal steroids in 1998?" But one thing shocked everyone is that he refused to answer the question. He pleaded to the fifth amendment and remained completely quiet not saying one word about the subject. He just sat there being attacked with some many paparazzi with some many questions. <span style="color: rgb(71, 196, 245);">Eri's <span style="color: rgb(24, 162, 242);">Updated: March 27, 2007 http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600122.html

Gonzales Aide to Invoke Fifth Amendment
<span style="color: rgb(13, 190, 211);">In this artcle, Alberto Gonzales will refuse to answer the questions from the upcoming senate, pleading to the 5th amendment. Gonzales is fighting to keep his job. When he was asked a question, he either remain silent, or he said that he's been asking himself whether he should keep his job or to stay home is appropriate for him. So he left quiet over many witnesses using the right of the 5th amendment. The House has voted 329-78 to strip the attorney general of his power. Jc's http://news.bbc.co.uk/2/hi/americas/1801948.stm
 * "Red Terror"

During the 1950's America was engrossed in anti-communism fervour. One Senator, Senator Joe McCarthy convinced many Americans that the goverment was riddled with something called the "Red Menace." Many of the people who believed him, came to his House Un-American Activities Committee to take the fifth as defiance cause they weren't getting to choose their beliefs.**