Essential Question: How do the issues which prompted the creation of the amendments compare with the issues they are applied to today? The Fifth Amendment (Amendment V)
The 5th Amendment says:The right to remain silent and to not testify against yourself in court and the right to a grand jury except for in the case of war. The right to no double jeopardy / the right to not be tried twice for the same crime. Also no citizen will be deprived of life, liberty, or property without being tried. Also, citizens have the right to due process. Lastly, private property cannot be taken from a citizen for public use without good reason. 1. Who created the Fifth Amendment? James Madison first presented the Fifth Amendment. The Fifth Amendment was developed at the constitutional convention, by the founding fathers on September 25, 1789. However, it was presented by James Madison. -Victoria
2. Why was the Fifth Amendment created? The Fifth Amendment was created because the colony had a bad experience with Britain and the Monarchy. The Fifth Amendment is also based off of the Document; Habeas Corpus states that you have the right to trial by jury. -Tyler and Sophia
3. When did the Fifth Amendment go into effect?
The Fifth Amendment first went into effect in the year of 1791, when the last state, Rhode Island, ratified it. -Victoria
4. In what cases is the government taking a person's money or property legal?
As long as the government pays the person back in some way, it is legal.-Tyler
5. What impact did the fifth amendment have on society at the time when it was created?
Trials were different because people wouldn't go on trial until a grand jury approved. Also before a trial the suspect didn't have to talk about what they were convicted of.-Tyler
6. The fifth amendment states that cannot be allowed in any criminal case to testify against themselves. Can a person testify against themselves in a civil case?
Yes, but it is not recommended.-Tyler
7. In what case must a person not plead the fifth amendment or not allowed to?
During something called "fingerprinting" when police take pictures of your fingerprints and interrogate you, you have to answer the questions asked therefore you do not have the right to remain silent.-Tyler
8. Where was the fifth amendment created?
Philadelphia, Pennsylvania. -Sophia
9. Why do people not have the right to a grand jury in the case of war?
The person on trial could be a potential threat to the country and if not the grand jury's main concern should be cases in the war. In fact, Abraham Lincoln suspended Habeas Corpus and other 5th Amendment rights during the Civil War. -Sophia
10. Why is it fair to have no double jeopardy?
Once a person is found innocent or guilty that is the final verdict and there are other ways that the case could be further investigated. In fact, when Britain had control of America, they would take someone, an innocent person, and put them on trial. If the courts were good, then, they would declare the person innocent. This went on as many times as it took until the person was found guilty. That is why the Framers decided to have restrictions on double jeopardy. -Sophia
Fun Facts:
Once the fifth amendment won their independence from the British Parliament and Monarchy, the Framers wrote the bill of rights, which were the first 10 amendments. -Tyler
The fifth amendment gave five specific freedoms to American citizens. -Tyler
Originally, the 5th Amendment only applied to state courts, but, now applies to all courts through the 14th Amendment. -Sophia
The concept and idea of due process and trial by jury dates back to the Magna Carta in 1215. -Sophia
What issues prompted the creation of the Fifth Amendment?
The issues that prompted the creation of the fifth amendment were that the accused were being abused until they confessed. They were being treated unfairly, and prosecuted with little or no evidence.-Victoria
What impact did the fifth amendment have on society at that time?
The impact that the fifth amendment had on society at that time was that the accused people did not have to talk about their case until it went to trial. The fifth amendment protects the criminals from having to testify and causing them to worsen their case. -Victoria
5C4
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?
The Fifth Amendment (Amendment V)
The 5th Amendment says:The right to remain silent and to not testify against yourself in court and the right to a grand jury except for in the case of war. The right to no double jeopardy / the right to not be tried twice for the same crime. Also no citizen will be deprived of life, liberty, or property without being tried. Also, citizens have the right to due process. Lastly, private property cannot be taken from a citizen for public use without good reason.
1. Who created the Fifth Amendment?
James Madison first presented the Fifth Amendment. The Fifth Amendment was developed at the constitutional convention, by the founding fathers on September 25, 1789. However, it was presented by James Madison. -Victoria
2. Why was the Fifth Amendment created?
The Fifth Amendment was created because the colony had a bad experience with Britain and the Monarchy. The Fifth Amendment is also based off of the Document; Habeas Corpus
states that you have the right to trial by jury. -Tyler and Sophia
3. When did the Fifth Amendment go into effect?
The Fifth Amendment first went into effect in the year of 1791, when the last state, Rhode Island, ratified it. -Victoria4. In what cases is the government taking a person's money or property legal?
As long as the government pays the person back in some way, it is legal.-Tyler5. What impact did the fifth amendment have on society at the time when it was created?
Trials were different because people wouldn't go on trial until a grand jury approved. Also before a trial the suspect didn't have to talk about what they were convicted of.-Tyler6. The fifth amendment states that cannot be allowed in any criminal case to testify against themselves. Can a person testify against themselves in a civil case?
Yes, but it is not recommended.-Tyler7. In what case must a person not plead the fifth amendment or not allowed to?
During something called "fingerprinting" when police take pictures of your fingerprints and interrogate you, you have to answer the questions asked therefore you do not have the right to remain silent.-Tyler8. Where was the fifth amendment created?
Philadelphia, Pennsylvania. -Sophia9. Why do people not have the right to a grand jury in the case of war?
The person on trial could be a potential threat to the country and if not the grand jury's main concern should be cases in the war. In fact, Abraham Lincoln suspended Habeas Corpus and other 5th Amendment rights during the Civil War. -Sophia10. Why is it fair to have no double jeopardy?
Once a person is found innocent or guilty that is the final verdict and there are other ways that the case could be further investigated. In fact, when Britain had control of America, they would take someone, an innocent person, and put them on trial. If the courts were good, then, they would declare the person innocent. This went on as many times as it took until the person was found guilty. That is why the Framers decided to have restrictions on double jeopardy. -SophiaFun Facts:
List of Sources.
http://kids.laws.com/fifth-amendmenthttp://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/five.htm
http://www.ducksters.com/history/us_government/fifth_amendment.php
http://www.history.com/this-day-in-history/president-lincoln-suspends-the-writ-of-habeas-corpus-during-the-civil-war
What issues prompted the creation of the Fifth Amendment?
The issues that prompted the creation of the fifth amendment were that the accused were being abused until they confessed. They were being treated unfairly, and prosecuted with little or no evidence.-Victoria
What impact did the fifth amendment have on society at that time?
The impact that the fifth amendment had on society at that time was that the accused people did not have to talk about their case until it went to trial. The fifth amendment protects the criminals from having to testify and causing them to worsen their case. -Victoria