Amend5C1

=5C1= = The Fifth Amendment =
 * Ess****ential Question:** How do the issues which prompted the creation of the amendments compare with the issues they are applied to today?


 * Answer: One important issue that prompted the creation of the fifth amendment was that many trials before the United States declared its independence were unfair to Americans, and those tried were often sent straight to prison. The fifth amendment was created to protect the rights of those accused. **



Here is the fifth amendment's original text:

"No person shall be held to answer for a capital, or 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 offense 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." (MF)

Click here for the original text of this amendment.

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 * Fun Fact: In Roman numerals, this amendment would be Amendment V. **

In simpler terms, the fifth amendment reads,

In any federal trial, a grand jury must bring charges upon the defendant to decide if they are guilty and must be held in prison. However, this rule exempts military and navy cases. One cannot be tried for the same reason twice. During a federal trial, if the defendant might testify and make themselves appear guilty, they do not have to testify, and may remain silent. The defendant retains his natural fights throughout a case, and the government must pay for any private property used for the trial. Click here for more explanation about the original text of the fifth amendment. (MF)
 * Questions:**


 * 1. What were the effects of the fifth amendment on the US?**

The 5th amendment overall enabled many (fair) trials throughout US history and up to this date. Many people charged for crimes were found innocent instead of being sent right to prison. T his amendment helped change the way courts developed today. (ND)


 * 2. Why was the fifth amendment created?**

This amendment was created as a result of England’s mistreatment to many Americans, as before, they were sent to prison without any trial. Some of it was based on the Magna Carta, a document preventing King John from unfairly jailing and taxing the people of England. Click here to learn more about why the fifth amendment was created. (ND)


 * 3. What are the benefits and disadvantages of this amendment?**

**Benefits:** This amendment makes our country very fair and just when it comes to the court system. Those accused do not have to fear going straight to prison, and have a chance to prove a point and display their perspective in a fair trial. Even if one is charged, they still have their natural rights. Click here for how this amendment has benefits to those accused. **Disadvantages:** Although the government still must pay up, the can government can seize private property, with no say from the owner. Also, this amendment has exceptions of those in war. Click [|here] for the disadvantages of the fifth amendment.



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The framers of the Constitution also added amendments to it, known as the Bill of Rights. James Madison drafted what he called the Virginia Declaration of Rights. It contained 19 amendments, which later was narrowed down to 10. George Mason or "the Father of the Bill of Rights" was the one to write these amendments, including the fifth amendment. Click here for more information about the author of the fifth amendment. (ND)
 * 4. Who was the main author of the fifth amendment?**

Before this amendment was created, Great Britain gave many rights to their citizens that weren't given to Americans. Many Americans were sent to prison without a trial at all. Click here for why trials before the fifth amendment influenced its creation. (ND)
 * 5. What were trials like before the fifth amendment?**


 * 6. Was this amendment ever violated?**

Yes! One important historical figure who suspended a right in the 5th amendment was Abraham Lincoln, by sending criminals straight to prison without a trial. He argued that suspending this amendment was the only way to put down rebellion in the south. Another time this amendment was violated was after the Pearl Harbor attacks of World War II, when thousands of Japanese-Americans were sent to internment camps. Many years later, this was considered an act of discrimination. They were also not offered a fair trial for the charges put against them. Click [|here] for further information about the violation of the fifth amendment. (MF)

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 * Fun Fact: The right within the fifth amendment that Abraham Lincoln suspended was "habeas corpus". In Latin, this translates to "have the body". This refers to how one must be indicted and charged by a grand jury before being held in prison. **


 * 7. When was the fifth amendment created? **

This amendment was created on September 25, 1789. It was ratified on December 15, 1791. Click here for the source and further fifth amendment information.

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<span style="font-family: Arial,Helvetica,sans-serif;">(MF)
 * <span style="color: #ff0000; font-family: Arial,Helvetica,sans-serif;">Fun Fact: 1789 Was the same year that George Washington got elected to be President. **

This amendment was created in New York City, where the federal government was operating out of the Federal Hall (Not to be confused with the original, unamended Constitution, which was created in Philadelphia at the Constitutional Convention). Click here for further information about where the fifth amendment was created. (ND)
 * 8. Where was this <span style="font-family: Arial,Helvetica,sans-serif;">amendment created? **

<span style="font-family: Arial,Helvetica,sans-serif;">The 5th amendment benefits the accused in the following ways:
 * <span style="font-family: Arial,Helvetica,sans-serif;">9. How does the fifth amendment help those accused? **
 * It prevents double jeopardy, or being tried and put on trial more than once for the same reason.
 * A person cannot be charged for crimes unless done so by a grand jury of 12 to 23 members.
 * Defendants do not have to testify (provide evidence) if they may incriminate (to make one appear guilty) themselves in the process, or prevents self-incrimination. This is one's right to remain silent. <span style="color: #ff0000; font-family: Arial,Helvetica,sans-serif;">**Fun Fact: These are also called your "Miranda Rights."**
 * The government must provide a fair trial in federal court, and cannot deprive those charged of their rights provided by the Constitution, such as life, liberty, and property. This is also known as due process.
 * The government must compensate, or pay, for private property in order to use it for public means.<span style="font-family: Arial,Helvetica,sans-serif;">(MF)



<span style="font-family: Arial,Helvetica,sans-serif;">Click here for more information on the rights of the accused.


 * <span style="font-family: Arial,Helvetica,sans-serif;">10. Is this amendment referred to, applied, or used nowadays?. **

<span style="font-family: Arial,Helvetica,sans-serif;">Yes; during a trial in federal or any state court, these rights of the accused are referred to and applied. The rights are mainly used by the defendant. Click here for how the fifth amendment is used. <span style="font-family: Arial,Helvetica,sans-serif;">(MF)

Citations:

1) "Fifth Amendment - U.S. Constitution." Constitution.findlaw. Web. 4 Dec. 2015. 2) "The 5th Amendment." The 5th Amendment. Web. 4 Dec. 2015. 3) "Why Do We Have The Fifth Amendment? - Liberty First Network." Liberty First Network. 19 June 2013. Web. 4 Dec. 2015. 4) "Fifth Amendment." Legal-dictionary.thefreedictionary. Web. 4 Dec. 2015. 5) "FAQ: Basic Facts about the Bill of Rights." Constitution Daily. 22 May 2013. Web. 4 Dec. 2015. 6) "5th Amendment." : Trial and Punishment ***. Web. 4 Dec. 2015. 7) "President Lincoln Suspends the Writ of Habeas Corpus during the Civil War." History.com. A&E Television Networks. Web. 6 Dec. 2015. 8) "Amendment V Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings." National Constitution Center. Web. 6 Dec. 2015. 9) "Fifth Amendment." LII / Legal Information Institute. Web. 6 Dec. 2015. 10) "Amendment V: Rights in the Face of Government Overreach." The Rutherford Institute. Web. 6 Dec. 2015. 11) "Magna_Carta." National Archives and Records Administration. National Archives and Records Administration. Web. 6 Dec. 2015.