5C7

Amendment

By Gianna P, Luke M, Kate D

The fifth amendment is most commonly know as the right to remain silent and that you can not be forced to testify against yourself.


Definition
The Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects a person against being compelled to be a witness against himself or herself in a criminal case. It also imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and
double jeopardy and mandates due process of law. (G.P)

The amendment gives you due process to guaranty fairness through the judicial branch. (G.P)
Source:
https://www.google.com/url?sa=i&rct=j&q=&esrc=s...0389692129 (G.P)

1.Why was the fifth amendment created?
The fifth amendment was created b
ecause the founding fathers to protect the basic rights of people who are accused. Also this amendment allows people to plead the fifth which is when you have a choice to answering to a question. They also objected to many of the ways they were treated by the British in matters of crime and justice. Hence, the Fifth Amendment provides many protections from unfair methods of prosecution and investigation. (G.P)

2.Who wanted the amendment?
The people who wanted it was the founding fathers. They wanted to protect he rights of the people. (G.P)



3. When was the fifth amendment passed?
The fifth amendment was passed on September 25th 1789. (G.P)

4. Who passed the amendment?
The fifth amendment was passed by congress on September 25th. (LM)

5. When was the fifth amendment ratified?
The fifth amendment was ratified on December 15th 1791. (LM)
6. Who ratified the fifth amendment?
The fifth amendment was ratified by the judicial branch on December 15th.
(LM)

7. What did the fifth amendment protect?
The fifth amendment protected the rights of people who are accused of a crime. The fifth amendment also protected no double jeopardy.
(LM)
(LM)

8. Would the fifth amendment be use-full today?

Yes, The fifth amendment is very use-full today also. For example, In a court a person on the stand can say "I plead the fifth" which means that he can stay silent because answering the judges question might incriminate him. This is use-full so the person does not incriminate themselves. (K.D)

9. What is the exact words of the fifth amendment?

The exact words of the 5th amendment are "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (K.D)

10. What were the results of this amendment?
The amendment assured people of their protection in the court. (G.P)

FUN FACTS!

• Double Jeopardy means that you can't be called for the same crime choice. (K.D)

• Corporations are not considered "Natural persons" and may not be protected by the fifth amendment. (K.D)
• The Idea of the 5th amendment was by James Madison (K.D)
• A defendant cannot be punished for using his right of silence during a criminal trial, but there are some consequences to using it in a civil trial (K.D)