Amendment+5W1B

** Essential Question: What issues prompted the creation of your amendment? **

 * What impact did your amendment have on society at that time? **


 * 1) **5th Amendment:** No one can be sent to jail straight away without a trial or evidence of the committed crime. They will be proven guilty or proven innocent depending on how the lawyer represents him/her and how the judge reacts to the situation. The person being accused has a right to bring out his/her witnesses to help them win the case. Self-Incrimination protects criminal defendants from having to testify if they may incriminate themselves through their speech or testimony.

https://i.ytimg.com/vi/H_3L_7Mu4wo/maxresdefault.jpg
 * Click Here To See A Photo Of The 5th Amendment:**

1. **Why does the person have to remain silent when they are being put into handcuffs?** So they can avoid self- incrimination. 2.**Why can't you arrest a criminal without going to court first?** The criminal has the right to criminal defense. 3. **Were there too many arrests before the amendment was passed?** The person was just arrested and no one showed up to court before this law was passed. 4. **Did society think that it was fair for a criminal to have a trial?** Yes because it is a right and rights protect the citizens and everyone has the right to a fair trial. 5. **Would they still need to have a trial if there is clear evidence of the crime?** yes they still need a trial because everybody has the right to a lawyer to represent them.
 * Ten Questions:**
 * Kelly:**

6. **What would happen if a person plead guilty and didn't want a trial? do they still have one?** They would they still have a trial because the judge still wants to hear the case. 7. **Was the timer period better after the amendment was created?** It was safer because the articulates procedural safeguards were designed to protect the rights of the people. 8. **What would happen if a person was not sentenced to jail?** Then the person would not be sent to jail for a long period of time. The judge would have a wide discretion if the defendant was convicted. 10. **What would happen if the person had a lawyer but the lawyer knew they committed a serious crime?** Nothing will happen because all defendants are innocent until proven guilty.
 * Holly:**
 * 9 What would happen if a person said they were guilty but the judge found them not guilty?**

One issue that has prompted the creation of the 5th Amendment is lying to the police about being innocent when really being guilty. Another reason the 5th amendment was created was because people started committing perjury. Also, they provide false evidence to the jury which makes them seem innocent. The courts have discussed three broader concepts underlying the Fifth Amendment. The courts required the accused to answer any question put to him, without advance notice of his accusers, the charges against him, or the evidence given. The right to be free from self-incrimination was established in nine state constitutions and was a tenet of the common law throughout most of the colonies before it appeared in the U.S. Constitution. The quote that came from the constitution is "no person ... shall be compelled in any criminal case to be a witness against himself.”This is the cause of the creation of the 5th Amendment.
 * Kelly:What issues prompted the creation of this amendment?**

The impact of the fifth amendment on society was that it protected peoples right to disagree and give their point of view. The fifth amendment protects people from double jeopardy. So if they are proven innocent for a crime they can not be tried again. No one who is accused of a crime has to be compelled to be a witness himself or herself. This is called self incrimination. This law protected people from getting arrested over and over for the same crime. This law makes sure that no one is arrested with out having a trial. When someone is arrested they have the right to a lawyer to defend them and they have the right to defend themselves. This law is a fair way to deal with crimes that has impacted society a lot.
 * Holly: What impact did your amendment have one society at that time?**

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 * Click The Link If You Want To Watch A Video About The 5th Amendment:**

__**Current Events:**__

__**Kelly**__
 * Article 1:**[]


 * Paragraph 1;** The Fifth Amendment protects pass-code on smartphones from the SEC. "In a new case decided Wednesday, //SEC v. Haung,// a federal trial court in Pennsylvania held that the government can’t force a person to give up his pass-code to his smartphone". SEC were investigat//ing// Bonan and Nan Huang for insider trading. They both worked as data analyst at a credit card company, Capital One. Capital One lets there employees company owned phones for work, they get to choose their own password for security reasons. SEC told them to give in their pass-codes bu the defendants refused. They took this to court, but the judge agreed with the defendants. SEC have argued that there is insider trading, while the defendants argued on the 5th Amendment grounds. People want their personal information safe from others.

The fifth amendment is relevant to today's stories. There are many cases which recall the pleading of the fifth amendment. An example of one case would be the case above. In this case SEC say that there is insider trading data on one of the employee's phone from Capital One. The thing is that they have no true evidence of that because they refuse to open up the phone or even say the passcode. They took this case to court but the while the SEC state their side, the employees plead the 5th. Pleading the 5th means prohibits goverment officials from abusing their authority during legal proceedings. It also protects individuals from self-incrimination.
 * Paragraph 2;**

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 * Article 2 :**


 * Paragraph 1; ** After Obama trying to disembowel the 2nd Amendment with series of unconstitutional executive orders ** . ** A judge from Maryland caving justice gutted the 5th Amendment. In the case of Officer Caesar R. Goodson and the second Baltimore City policeman to be tried criminally in the allegedly accidental death of small-time hood Freddie Gray. They both went to court, Porter the first officer brought to the case, they set up a trial because the prosecution believe the case against him to be the strongest. But instead of the strongest it was gossamer thin. With the state unable to prove how Gray suffered his fatal injury. A doctor took a look at Gary and found out that there was an absence of evidence that Porter ever did anything to harm Gray. Porter got a new trial date in June, meaning that he is in jeopardy until then and entitled to the 5th Amendment's protections against self-incrimination.


 * Paragraph 2;** This article relates to the meaning of what the 5th Amendment. It relates because the 5th amendment protects someone from being accused of something with out the person having evidence on what they say. In this article there was no evidence that Porter injured or harmed Gary. This shows that Porter is innocent till proven guilty with evidence of what he has done. The 5th Amendment also protected him from going through self-incrimination. Self-incrimination is an act of exposing yourself or to involve oneself or another person in a criminal prosecution or danger whatsoever. Without evidence of the crime the other side of the case has nothing to prove their cause. This is how the 5th Amendment relates to a real world case.


 * Holly:**
 * Article 1:** []


 * Paragraph 1:** The article is a trial of a man named Martin Shkreli. The date of this article is February 4, 2016. He was summoned to a trial because he was charged with security frauds. Shkreli took the 5th amendment way to far. He had the right and he chose to not answer any of the questions that he was being asked during the trial. He had the right to not answer the questions because anything he could have said could have led to self incrimination and he did not want to make that mistake. His lawyer advised him to stop talking so it would not lead to self incrimination. Martin was advised that not everything he answered would subject him to incrimination. He was eventually arrested in relation to a firm he founded in 2011, it did not have to do with the previous price hike he instituted for Daraprim.


 * Paragraph 2:** The amendment is still relevant today because there are many court cases going on and everyone still has the right to the fifth amendment. People today use it and are still allowed to use this amendment. It is used to protect people from self incrimination so people use it as a right to not have to answer questions during a trial. Just looking at this article the fifth amendment doesn't seem look like a great thing when it comes to proving someone guilty and ending a trial with a conclusion. If some one stays quiet the whole time how will anything come to a conclusion, but it can be good. It can be good because it saves people from incrimination and keeps them out of trouble. The fifth amendment is still relevant today when brought up in court cases, and when people want to protect them self.

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 * Article 2 :**

"In her statement, Ms. Lerner denied any wrongdoing and said she had not provided misleading information to Congress. But at that hearing and another one nearly a year later, she refused to answer lawmakers’ questions." Federal prosecutors said that Lois should not be charged by refusing to answer the questions. With her fifth amendment right she was able to protect herself from incrimination this way. She had the right to remain silent and not answer any of the questions because she could easily accidentally say something that can be used against her. She was not charged because it is one of our rights as people that we " have the right to remain silent, because anything we say can and will be used in a court of law."
 * Paragraph 1 :** This article is about a woman named Lois Lerner. She was brought before a congressional comitee about the I.R.S agency's improper treatment of conservative groups seeking tax-exempt status. Lerner was a former I.R.S official. She had refused to testify and she plead the fifth.


 * Paragraph 2:** The fifth amendment is still relevant today because in court when some one is being asked questions they have the right to remain silent and they do not have to answer any questions that may put them at risk. Thats why it is the law for cops to let people know that they have that right because anything they do or say can and will be used against them. Today with the amount of crimes going on people need to be able to defend themselves so pleading the fifth is the best way. The fifth amendment is mostly just for protection of someone getting arrested. It also states that no person ca be tried twice for the same crime. This way if the persons answers a question that was asked differently one time than the other they won't get caught in a lie. The general importance of why the fifth amendment is relevant today is for protection of one under suspicion.