Amendment+5W4

=5W4= =The Fifth Amendment=

Megan Gallagher and Rita Kalaj 12/1/15 SS-Welsh

__**focus questions**__ Period 4

** 2. WHAT IMPACT DID THE FIFTH AMENDMENT HAVE ON SOCIETY AT THAT TIME? **
**8.(Question)What does double jeopardy mean?** 10.(Question)Who came up with the idea for the fifth amendment?
 * Research questions **
 * 1.(Question) What does it mean for a grand jury to indictment someone? **
 * (Answer) An indictment is handed down by a grand jury. This is a group of citizens who are called by the government to decide if the criminal should pay charges. **
 * 2.(Question) How does self incrimination work? **
 * (Answer)Self incrimination works when you make people think that you committed a crime. Also when you give people information about yourself that makes them think that you committed a crime. **
 * 3.(Question)If someone is arrested for a crime, and the police fine new evidence, could they get arrested again? **
 * (Answer)Someone can't just be arrested for the same crime but if the police find new evidence, they could go to court and if they are found guilty, then they could go to jail. **
 * 4.(Question)How were the colonists forced to admit to committing a crime? **
 * (Answer)The British forced the colonists to confess to committing a crime by torturing them in many ways. Such as, hanging them on chains, and putting molasses on them**
 * 5.(Question)What were the colonists punishments for committing a crime? **
 * (Answer)The colonists had many punishments for committing a crime. they whipped they, they put them in head locks, and of course, they sent them to jail or jury.**
 * 6.(Question)What is due process and how does Due Process work? **
 * (Answer)Due process is when the government cannot take away a citizens life, liberty, and property interest without giving them a notice or a fair hearing. Due process works when someone has to search a citizens house but first they need a search warrant.**
 * 7.(Question)Could people get arrested during war time? **
 * Yes, people can get arrested during war because some people could cause danger and people don't want the war to be affected more in a bad way.**
 * (Answer)Double jeopardy is the prosecution of a person twice for the same defense. **
 * 9.(Question)In what year was the fifth amendment created? **
 * It was passed by congress in 1789 and ratified in 1791**
 * (Answer)It was introduced to the congress by James Madison.**

1. **What issues prompted the creation of the fifth amendment?** The issues that prompted the first amendment were, that people were put against trial by a grand jury without the indictment of it. That was a bad thing because people were treated unfairly and they didn't have and they didn't have anyone to help them get treated fairly. Another issue that prompted the creation of the 5th amendment was, that people were put on trial for the same crime twice. The reason why it prompted the creation was that jury's were asking them the same thing about the crime and they might have put them back in jail for more years, and that takes away from the persons freedom. The final issue that prompted the creation of the fifth amendment was that the government in the past, people testify against themselves, and that was a problem because it's not fair for the person to testify themselves when they didn't commit the crime. This amendment was made, to protect the rights of the citizens even when they committed a crime**.RK**
 * =__** Focus Questions **__=

2**.What impact did the fifth amendment have on society in that time?** The fifth amendment had a huge impact on society.People were people were afraid of governments arresting them for crimes they didn't commit.The framers of the US constitution didn't trust large governments. They didn't want the new US government to be like the tyrannical English monarchy. Some people like the idea of not getting arrested for the same crime twice. Some people were glad because they wanted more freedom. People didn't have to incriminate themselves. People didn't have to make them self look guilty in front of the police. That isn't a good thing because the police didn't know if someone committed a crime and bad people were on the loose. Those were some of the impacts of the fifth amendment.**MG**

https://www.law.cornell.edu/wex/fifth_amendment https://www.law.cornell.edu/constitution/fifth_amendment http://legal-dictionary.thefreedictionary.com/fifth+amendment

= = =__Current Event__=

http://www.cnn.com/2015/09/03/politics/clinton-aide-fifth-amendment-emails/

**Bryan Pogliano is one of Clinton's former aids. He has informed Congress that he will invoke the fifth amendment to avoid testifying before they load him with questions after what had just happened. He said that he will remain silent and not give any evidence to whether or not he is guilty. He used the fifth amendment the Benghazi chairmen could testify, not talk, or hand over any documents to Congress or anyone else. The staff said that "even though the privilege of the fifth amendment may underway the criminal investigation, it does not imply the existence of it. Mark McDougall who is Paglianos' attorney sent a letter to the House Select Committee saying that Magliano would assert his Fifth Amendment right not to appear say anything or hand over any documents. The Select Committee and Congress can not deny this order and they have to go with it. Bryan Poglianos' pleading the fifth which will make the investigation harder, but not impossible. Bryan Pogliano will not tell Congress any information and will keep his mouth shut the whole time. Congress will have to search into this investigation a lot in order to solve it. Bryan Pogliano is obviously no more Clinton's email aid and will be in big trouble if the find out it is him.**

==Personally, I think that pleading the fifth should not be allowed. It makes these investigations a lot harder than they should be. It is defending the victim when they have a chance of being guilty. I think that if a victim chooses to plead the fifth, then they are guilty and are scared because it shows that they have no way to defend themselves. No evidence will come out of these people's mouth which makes the investigation very hard and difficult. Bryan's lawyer is not aloud to hand over any documents which makes it even more hard then it already is. Pogliano obviously has no way to defend himself and this is why he is choosing to plead the fifth. This amendment should be revoked because pleading the fifth is just something that gets in the way of solving crimes and other investigations. Bryan Pogliano should be forced to talk and his lawyer should be able to hand over legal documents. Those were my thoughts on this article.==