Essential Question: How do the issues which prompted the creation of the amendments compare with the issues they are applied to today?
Why was the fifth amendment created?
The fifth amendment was originally the idea of James Madison. It is part of the Bill of Rights, which the Framers of the Constitution added to protect the rights of individual citizens. The general idea of the fifth amendment was drawn from the Magna Carta, a British document that was written in 1215 to put the powers of the king into check.(Julia)It defends the rights of a person who has been accused of a crime in several ways, including the right to remain silent, the right to a fair trial (due process), and the right to never be accused in court twice for the same crime(Double Jeopardy).Also the criminals have the right to grand jury, and the right to self incrimination.(Pierce) http://www.slate.com/articles/news_and_politics/explainer/2002/02/where_did_the_fifth_amendment_come_from.html http://www.ducksters.com/history/us_government/fifth_amendment.php
2. How would an accused person's choice to stay silent affect the outcome of their trial? As long as the case is not civil, the accused person or defendant can't be forced to say anything during their trial or any of the proceedings surrounding it. However, their refusal to speak can have negative consequences for them during the process. In the Miranda Rights, it is stated that anything that they say and do can and will be used against them. Their choice to remain silent could be used this way. (Julia) It could possibly make the people in charge of their trial a bit more suspicious of them and they might go straight to jail because of their choice to remain silent. (Pierce) http://www.encyclopedia.com/topic/Criminal_Procedure.aspx http://kids.laws.com/fifth-amendment
FUN FACT: The Miranda Rights are a list of rights that must be read to any citizen at their arrest. It reminds them of certain legal rights that they should be aware of going into their trial, and if these are not read before it begins the proceedings of any trial are not really valid.
3. What would happen if some didn't go through a fair process? If a person did not go through a fair trial/process before being sentenced in court, and this was proven, they could not be punished for the crime. They would have to be released if they were being held in custody, and whatever sentence they had received in court, if any, would have to be repealed or reversed. Even if, at any point after the trial, evidence was produced to prove that the person actually had been guilty of the crime, they could not be tried again for the same crime. This would be considered double jeopardy. (Pierce)
FUN FACT: The last section of the fifth amendment states that the government can't legally take anyone's private property away from them with paying them a reasonable compensation for it.
4. Are there any situations when the fifth amendment doesn't apply? In a civil case a defendant can be forced to speak. Their right to remain silent does not apply in this kind of case. The fifth amendment also does not cover samples of DNA or fingerprint that are collected to be used for trials. These are hard evidence, not word of mouth, and are not an example of self-incrimination. This makes them fair game to be used as evidence for any trial. (Kanori) Also, when a person in the military is accused of a crime during a war or a serious national situation, they don't need a jury to decide whether or not there is enough evidence for the case. They can be put on trial immediately. (Julia) https://en.wikipedia.org criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h...
Fun Fact: Originally, the fifth amendment had only applied to national, or federal, courts, but the fourteenth amendment changed that to include state courts as well.
5. What does "self-incrimination" mean? Self-incrimination means identifying yourself as having committed a crime or confessing to something. This could be done intentionally, with the defendant meaning to do so, or it could happen during an interrogation during which the defendant was forced to speak and revealed a piece of incriminating evidence. That is why the fifth amendment defends accused people from having to speak during a trial and potentially exposing themselves as guilty. (Julia) criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h... slideplayer.com
6. What would happen if new evidence was exposed after a trial had already been concluded? If, after a trial were already over and the defendant had been sentenced or released, new evidence were brought forward relating to the case, nothing could be done with it. Even if the new evidence proved that the court's original ruling had been incorrect, it could not change anything about the outcome of the trial. Under the gift amendment, no one can ever be put on trial more than once for the same crime. This is called double jeopardy, and it is stated as illegal in the fifth amendment. Evidence relating to a specific case can only be brought forward while the case is still going on if it is going to have any effect on it. (Julia) slideplayer.com http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html http://constitutioncenter.org/interactive-constitution/amendments/
FUN FACT: Companies and businesses are not actually considered citizens, and so if they are involved in a court case their rights might not be protected by the fifth amendment.
7. What would happen if the police failed to advise you of your right of being silent and you made a confession? The confession you made cannot be used in the case.This right is also part of your Miranda Rights, and if you are not advised of your Miranda Rights before a trial whatever happens in that trial is not valid. (Kanori) Result of the Miranda the police must be told four things before being questioned:You have the right to remain silent.Anything you say can and will be used against you in a court of law.You have the right to an attorney.If you cannot afford an attorney, one will be appointed for you.(Pierce) criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h... slideplayer.com
FUN FACT: The fifth amendment is part of the Bill of Rights, which was added to the U.S. Constitution to quell the fears of Antifederalists that the Constitution did not protect the rights of individual citizens.
10. Which state was the first to ratify the fifth amendment? New Jersey was the first state to ratify the Bill of Rights. (Pierce) When it ratified the Bill of Rights, it did not ratify the second amendment. This did not really affect the fifth amendment at all. (Julia) It was ratified by three-forths of the State Legislators. (Pierce)
5C2
The Fifth Amendment
Essential Question: How do the issues which prompted the creation of the amendments compare with the issues they are applied to today?
- Why was the fifth amendment created?
The fifth amendment was originally the idea of James Madison. It is part of the Bill of Rights, which the Framers of the Constitution added to protect the rights of individual citizens. The general idea of the fifth amendment was drawn from the Magna Carta, a British document that was written in 1215 to put the powers of the king into check.(Julia)It defends the rights of a person who has been accused of a crime in several ways, including the right to remain silent, the right to a fair trial (due process), and the right to never be accused in court twice for the same crime(Double Jeopardy).Also the criminals have the right to grand jury, and the right to self incrimination.(Pierce)http://www.slate.com/articles/news_and_politics/explainer/2002/02/where_did_the_fifth_amendment_come_from.html
http://www.ducksters.com/history/us_government/fifth_amendment.php
2. How would an accused person's choice to stay silent affect the outcome of their trial?
As long as the case is not civil, the accused person or defendant can't be forced to say anything during their trial or any of the proceedings surrounding it. However, their refusal to speak can have negative consequences for them during the process. In the Miranda Rights, it is stated that anything that they say and do can and will be used against them. Their choice to remain silent could be used this way. (Julia) It could possibly make the people in charge of their trial a bit more suspicious of them and they might go straight to jail because of their choice to remain silent. (Pierce)
http://www.encyclopedia.com/topic/Criminal_Procedure.aspx
http://kids.laws.com/fifth-amendment
FUN FACT: The Miranda Rights are a list of rights that must be read to any citizen at their arrest. It reminds them of certain legal rights that they should be aware of going into their trial, and if these are not read before it begins the proceedings of any trial are not really valid.
3. What would happen if some didn't go through a fair process?
If a person did not go through a fair trial/process before being sentenced in court, and this was proven, they could not be punished for the crime. They would have to be released if they were being held in custody, and whatever sentence they had received in court, if any, would have to be repealed or reversed. Even if, at any point after the trial, evidence was produced to prove that the person actually had been guilty of the crime, they could not be tried again for the same crime. This would be considered double jeopardy. (Pierce)
http://www.encyclopedia.com/topic/Criminal_Procedure.aspx
http://kids.laws.com/fifth-amendment
https://en.wikipedia.org
FUN FACT: The last section of the fifth amendment states that the government can't legally take anyone's private property away from them with paying them a reasonable compensation for it.
4. Are there any situations when the fifth amendment doesn't apply?
In a civil case a defendant can be forced to speak. Their right to remain silent does not apply in this kind of case. The fifth amendment also does not cover samples of DNA or fingerprint that are collected to be used for trials. These are hard evidence, not word of mouth, and are not an example of self-incrimination. This makes them fair game to be used as evidence for any trial. (Kanori) Also, when a person in the military is accused of a crime during a war or a serious national situation, they don't need a jury to decide whether or not there is enough evidence for the case. They can be put on trial immediately. (Julia)
https://en.wikipedia.org
criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h...
Fun Fact: Originally, the fifth amendment had only applied to national, or federal, courts, but the fourteenth amendment changed that to include state courts as well.
5. What does "self-incrimination" mean?
Self-incrimination means identifying yourself as having committed a crime or confessing to something. This could be done intentionally, with the defendant meaning to do so, or it could happen during an interrogation during which the defendant was forced to speak and revealed a piece of incriminating evidence. That is why the fifth amendment defends accused people from having to speak during a trial and potentially exposing themselves as guilty. (Julia)
criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h...
slideplayer.com
6. What would happen if new evidence was exposed after a trial had already been concluded?
If, after a trial were already over and the defendant had been sentenced or released, new evidence were brought forward relating to the case, nothing could be done with it. Even if the new evidence proved that the court's original ruling had been incorrect, it could not change anything about the outcome of the trial. Under the gift amendment, no one can ever be put on trial more than once for the same crime. This is called double jeopardy, and it is stated as illegal in the fifth amendment. Evidence relating to a specific case can only be brought forward while the case is still going on if it is going to have any effect on it. (Julia)
slideplayer.com
http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html
http://constitutioncenter.org/interactive-constitution/amendments/
FUN FACT: Companies and businesses are not actually considered citizens, and so if they are involved in a court case their rights might not be protected by the fifth amendment.
7. What would happen if the police failed to advise you of your right of being silent and you made a confession?
The confession you made cannot be used in the case.This right is also part of your Miranda Rights, and if you are not advised of your Miranda Rights before a trial whatever happens in that trial is not valid. (Kanori) Result of the Miranda the police must be told four things before being questioned:You have the right to remain silent.Anything you say can and will be used against you in a court of law.You have the right to an attorney.If you cannot afford an attorney, one will be appointed for you.(Pierce)
criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h...
slideplayer.com
8. When was the amendment passed ?
The fifth amendment was passed by Congress on September 25, 1789. It was not actually ratified until December 15th, 1791. (Kanori)
http://kids.laws.com/fifth-amendment
https://en.wikipedia.org
9. What were the main influences/inspiration on the fifth amendment?
The ideas behind the fifth amendment were originally found in British legal documents, and then used in several different state constitutions. Then, when the U.S. Constitution's Bill of Rights was being written, the law was included as the fifth amendments to protect those rights. (Julia)
http://www.ducksters.com/history/us_government/fifth_amendment.php
http://www.encyclopedia.com/topic/Criminal_Procedure.aspx
FUN FACT: The fifth amendment is part of the Bill of Rights, which was added to the U.S. Constitution to quell the fears of Antifederalists that the Constitution did not protect the rights of individual citizens.
10. Which state was the first to ratify the fifth amendment?
New Jersey was the first state to ratify the Bill of Rights. (Pierce) When it ratified the Bill of Rights, it did not ratify the second amendment. This did not really affect the fifth amendment at all. (Julia) It was ratified by three-forths of the State Legislators. (Pierce)
http://www.encyclopedia.com/topic/Criminal_Procedure.aspx
http://kids.laws.com/fifth-amendment
Sources:
http://www.slate.com/articles/news_and_politics/explainer/2002/02/where_did_the_fifth_amendment_come_from.html
http://www.ducksters.com/history/us_government/fifth_amendment.php
http://www.encyclopedia.com/topic/Criminal_Procedure.aspx
http://kids.laws.com/fifth-amendment
https://en.wikipedia.org
criminal.findlaw.com/.../**fifth**-**amendment**-right-against-self-incrimination.h...
slideplayer.com
http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html
http://constitutioncenter.org/interactive-constitution/amendments/