Amendment+5W2

Fifth Amendment By: Joe Cinquemani & Maya Mohring

= Research Focus Questions: 1. Why was your amendment created? = = 2. What impact did your amendment have on society at that time? =

==**//People have the right to not be a witness in court against themselves, and have the right to remain silent along with not going to court for a crime you were already deemed innocent for a second time. The Fifth Amendment protects these rights.//**==

**A:** The right to remain silent is a legal right recognized. This right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or answer when questioned. Although, when the Grand Jury says that they must talk, the right to remain silent no longer works for you, and you must answer.
 * 1.** **Q:** When in court are you allowed to remain silent?

**A:** No, by the Fifth Amendment they are NOT allowed to reopen a closed case, and have you put in jail for 20 years for a crime you were proved innocent for. Even if there is evidence they cannot reopen that SAME case.
 * 2. ** **Q:** If you are found innocent in a court case, and 3 months later, the police find evidence that can prove you guilty, are they allowed to reopen your case and send you to jail for 20 years?

**A:** The fifth amendment of the US Constitution provides that No person shall be held to answer for a capital otherwise infamous crime, unless on a presentment of a Grand Jury or cases involving the land or naval forces, you will not be forced to answer. **A:** The grand jury plays an important role in the criminal process. 12-23 people can be part of a grand jury. They decide whether the prosecution can proceed with their case. If someone gives them evidence, then they can decide whether or not they can can proceed and so the government has enough evidence to prosecute them.
 * 3.** **Q:** How does the fifth amendment work?
 * 4.** **Q:** What does a Grand jury do?

**A:** This law was passed on September 25, 1789 and was ratified on December 15,1791. The 5th amendment was created because the Founding Fathers wanted to protect the basic rights of the accused people.
 * 5.** **Q:** What year and Why was the 5th amendment created?

**A:** 1. 1.The Grand Jury Clause- Americans cannot be charged with a federal crime unless being charged for it by the Grand Jury. 2. Double Jeopardy- If a defendant is found innocent he or she may not be tried again or go to jail again for the same crime. 3. Due Process- The idea that laws should be fair for everyone, and the standards that everyone should be entitled to. 4. Self- Incrimination- If the FBI, congress etc, asks you a direct question about your criminal activities that you may have done, you don't have to answer the question if you feel that it may incriminate you. You would say "I plead the 5th" or "I excersize my rights under the 5th amendment. 5. Eminent Domain- Say the government wants to build a highway through your neighborhood. They can't just take your property, but they can buy it at a fair market value, and force you to move whether you like it or not.
 * 6.** **Q:** What are the five parts of the 5th amendment?

**A:** You have the right to remain silent. Anything you say and do can and will be held against you in court. You also have a right to an attorney. If you cannot afford it, then you will be given one.
 * 7: ** **Q:** What are the Miranda Rights?

**A:** If the government wants to take your home away for any reason, you have to... You don't have a choice. But they can't just take it from you. They have to pay you a fair budget, so you can buy a new house. The three reasons on why they can take you home away and the houses around you is because... 1. To build a Highway 2. To build a Railroad 3. For Public Uses
 * 8.** **Q:** Why are the main three reasons of why the government can take your home away?

**A:** Yes. You can plead the fifth. This is because if they feel that if they answer the question, that they will also be involved in the crime, they can choose to plead the fifth. But as soon as the grand jury asks you to answer the question, then you have to answer it.
 * 9.** **Q:** When you are a witness of a crime, at the time of the witness stand, are you also allowed to plead the fifth?

** 10. ** **Q:** What amendments were similar to this amendment?
**A:** The fifth and the fourteenth amendments were most alike, as they limited the power of the federal government and state powers.

The fifth amendment was created because the founding fathers wanted to protect the basic rights of the accused people. The Founding Fathers were John Adams, Ben Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, James Madison, and George Washington. The fifth amendment assumes that everyone who is put on trial, is innocent until proven guilty. The fifth amendment also includes the grand jury. A grand jury decides if a person can go to trial for a serious crime. The fifth amendment also states that you cannot go on trial or go back to jail for the same crime, even if they find evidence that makes you guilty. Self incrimination is one of the most important part of the fifth amendment. This is because it protects people from giving information about themselves that would get them sent to jail. This protects people from torture. In past years and in other places, people were tortured until they admitted a crime, even if they did not do it. Also, the police in the US have to find enough evidence, to convict you of a crime. You cant be convicted without evidence. You must be proven guilty. (MM)
 * Focus Question #1: Why was your amendment created? **

** Focus Question #2: What impact did the fifth amendment have on society at that time? **
The Fifth Amendment was part of the Bill of Rights, which made sure that the national government did not have too much power. It made sure people had enough freedom. The impact of the Fifth Amendment could be seen many times. For example, in the 1950's, criminals accused of crime, claimed that the 5th Amendment protected them from having to give evidence that they were innocent. This privilege was first phrased by George Mason For the Virginia states Declaration of Independence in May 1176, which was That in all capital or crime prosecutions a man had the right to demand the cause of his arrest or accusation, he also does not have to speak against himself. This amendment granted everyone the right to not speak against themselves, even back in the 1700's this was still in effect. This amendment helped many people through court cases and false accusations. (JC)

Bibliography:
1. Google 2. https://www.law.cornell.edu/wex/fifth_amendment 3. http://www.scholastic.com/teachers/article/explaining-bill-rights 4. https://quizlet.com/5495119/amendment-five-flash-cards/ 5. www.law.cornell.com 6. criminal.findlaw.com 7. www.msnb.com 8. campus.udayton.edu 9. constitutioncenter.org 10. webache.googleuser.content.com 11. ic.galegroup.com

Here's A Link To A Video About the Fifth Amendment! https://www.youtube.com/watch?v=4aPe1WVIK-k

Maya Mohring- Current Event Article 1 Link- https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/24/fifth-amendment-protects-passcode-on-smartphones-court-holds/

In this article, Bonan and Nan Huang worked as data analysts at Capital one bank. They were charged with insider trading. They used their job to find out the sales trends in major US companies, and to trade stocks with those companies before that company even announced their earnings. It was a $150,000 investment. They turned it into a $2.8 million one. In court, the judge wanted to get into their phones that Capitol One gives to all employees. They get to pick their own password and are not aloud to share with anyone, not even with the people who gave them their phones. So when they were fired the gave in their phones. The Securities and Exchange Commission (SEC) then later wanted the phones for further investigation. The SEC believes that there is evidence of the insider trading in their phones. They cannot get into their phones because both Bonan and Nan pleaded the 5th. So this means that the SEC will have to find different pieces of evidence that will plead him guilty.
 * 1. Content Paragraph**

The 5th amendment is still relevant today. This is because in courts all around the United States people who do not want to be found guilty, plead the 5th. For example, if someone stole a car, and the judge asked them a question that they think would get them to jail, then they can say "I plead the 5th" when asked if they stole the car and don't have to answer that question. Therefore, in the meantime, the judge has to look for more pieces of evidence to prove that he is either innocent or guilty. It could be the difference between going to jail, and not going to jail.
 * 2.Why Amendment is still Relevant Today?**

Maya Mohring- Current Event Article 2 Link- http://www.huffingtonpost.com/entry/anti-abortion-corporations-are-not-people-cannot-plead-the-fifth_us_55fc94d7e4b08820d918cffb

In this article, the Center of Medical Process, or CMP, were taking videos of interviews with the people of Planned Parenthood. But it is edited so much that it misrepresents what they are saying and doing. They made it seem as though they were selling fetal tissue. The National Abortion Federation, or NAF, were trying to prevent the CMP from making any more videos and releasing them. The NAF wants to end "what is called an ongoing campaign of threats and harassment". During the discovery phase, where both sides of the lawsuit gathered information, the CMP is trying to avoid giving up the videos by pleading the 5th. But the judge said that they cannot plead the 5th because they are a corporation not a person, and The Constitution supports people and not corporations.
 * 1. Content Paragraph**

This amendment is still relevant today because there is more and more lawsuits on this country and more and more companies are trying to get the same rights as the people. They also want to have the same protections under The Constitution, like the 5th amendment, freedom of speech etc. But as the judge points out, The Constitution is there to protect people not companies.
 * 2. Why Amendment is still Relevant Today?**