Fifth Amendment “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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."
1. How does eminent domain work?
Private homes can be used for the public with a fair compensation to the landowner. For example, if a government official wanted to use your land, he would give you the amount of money your land costs, in exchange for your land.
2. Who created the amendment, and what was their reason to create it?
The Founding Fathers influenced the creation of the amendment. They created the fifth amendment to protect the rights of the accused.
3. Does the government have permission to take your land for their own good?
Yes, the government has permission to take land for their own good, as long as the landowner is given a just compensation. Eminent domain grants the government the power to take private land for public use. It is regulated in most states by setting up laws to interact with the landowner before taking their property.
4. If new evidence is provided, can a person be tried for the same crime again?
Negative. Once you have been found not guilty, that's it. If a person is found guilty, new evidence may be a basis to ask for a new trial.
5. How does the fifth amendment affect society today?
The fifth amendment guarantees society that nobody will ever be forced to testify against themselves, or be tried for the same crime twice (without evidence), and the government does not have power to take your property without a proper compensation.
6. Does this amendment keep ordinary people in the U.S. safe?
Yes, this amendment keeps ordinary people in the U.S. safe, because it grants them the right to remain silent, and the government can't take your land without fair compensation. For example, if an officer started asking somebody questions, that person can plead the fifth.
7. Can someone say no to eminent domain if they feel the compensation is unjust?
Yes, a person can say no to eminent domain if they feel the compensation is unjust by sending a letter to the adjuster that explains why they feel that the compensation is unjust.
8. Are there special circumstances under which a person cannot plead the fifth?
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant’s own lawyer cannot force the defendant to take the witness stand against his or her will.
9. Is the accused allowed to self-incriminate themselves if they want to?
The accused is allowed to self-incriminate themselves if they volunteer to. The fifth amendment does not keep a person from self-incriminating themselves, it outlaws being forced to self-incriminate yourself.
10. What happens if your Miranda Rights are not read to you?
There are two very basic conditions before the police must issue a Miranda warning to a suspect:
The suspect is in police custody
The suspect is under interrogation
The Miranda Rights do not have to be read after every arrest. If they are not read to you, anything you say may be used as evidence in court.
Research Focus Questions:
1. What was happening in the country when the amendment was being created?
In 1789 while the 5th amendment was being created, the bill of rights was being made in Eastchester NY, the town where the writers of this wiki live. The constitution was just settling in to all the citizens of America and they decided they needed a list of rights.
2. What impact did your amendment have on society at that time?
The amendment created a good impact on society at that time. People wanted basic rights, and the fifth amendment granted them the right to remain silent. It also controlled the government from getting together by not allowing them to take away property without fair compensation. The amendment banned double jeopardy and being forced to self-incriminate. Overall, the fifth amendment had a good impact on society at that time because it protected their basic rights.
What we learned:
Elizaveta:
I learned about double jeopardy, self incrimination, eminent domain, and the right to remain silent. I didn't know that the amendment bans double jeopardy, which is being tried for the same crime twice. I learned that self incrimination is when you testify against yourself, and the fifth amendment ensures you that you don't have to self incriminate yourself. I learned that eminent domain is when the somebody takes away your land and pays you a just compensation. The most important thing that I learned was the right to remain silent. I've always heard the term, but I never really knew what I meant. Now I know that the fifth amendment grants you the right to plead the fifth, and not answer a question.
Marco:
I learned about many of our rights that are supplied by the fifth amendment. Like how the government can't take our homes without just compensation. Also we don't have to answer questions in court if we feel we don't want to, and plead the fifth. Also we can't be tried for the same crime twice, that's called double jeopardy.
5W6
Fifth Amendment“ No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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."
1. How does eminent domain work?
Private homes can be used for the public with a fair compensation to the landowner. For example, if a government official wanted to use your land, he would give you the amount of money your land costs, in exchange for your land.
2. Who created the amendment, and what was their reason to create it?
The Founding Fathers influenced the creation of the amendment. They created the fifth amendment to protect the rights of the accused.3. Does the government have permission to take your land for their own good?
Yes, the government has permission to take land for their own good, as long as the landowner is given a just compensation. Eminent domain grants the government the power to take private land for public use. It is regulated in most states by setting up laws to interact with the landowner before taking their property.4. If new evidence is provided, can a person be tried for the same crime again?
Negative. Once you have been found not guilty, that's it. If a person is found guilty, new evidence may be a basis to ask for a new trial.5. How does the fifth amendment affect society today?
The fifth amendment guarantees society that nobody will ever be forced to testify against themselves, or be tried for the same crime twice (without evidence), and the government does not have power to take your property without a proper compensation.6. Does this amendment keep ordinary people in the U.S. safe?
Yes, this amendment keeps ordinary people in the U.S. safe, because it grants them the right to remain silent, and the government can't take your land without fair compensation. For example, if an officer started asking somebody questions, that person can plead the fifth.7. Can someone say no to eminent domain if they feel the compensation is unjust?
Yes, a person can say no to eminent domain if they feel the compensation is unjust by sending a letter to the adjuster that explains why they feel that the compensation is unjust.8. Are there special circumstances under which a person cannot plead the fifth?
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant’s own lawyer cannot force the defendant to take the witness stand against his or her will.9. Is the accused allowed to self-incriminate themselves if they want to?
The accused is allowed to self-incriminate themselves if they volunteer to. The fifth amendment does not keep a person from self-incriminating themselves, it outlaws being forced to self-incriminate yourself.10. What happens if your Miranda Rights are not read to you?
There are two very basic conditions before the police must issue a Miranda warning to a suspect:- The suspect is in police custody
- The suspect is under interrogation
The Miranda Rights do not have to be read after every arrest. If they are not read to you, anything you say may be used as evidence in court.Research Focus Questions:
1. What was happening in the country when the amendment was being created?
In 1789 while the 5th amendment was being created, the bill of rights was being made in Eastchester NY, the town where the writers of this wiki live. The constitution was just settling in to all the citizens of America and they decided they needed a list of rights.2. What impact did your amendment have on society at that time?
The amendment created a good impact on society at that time. People wanted basic rights, and the fifth amendment granted them the right to remain silent. It also controlled the government from getting together by not allowing them to take away property without fair compensation. The amendment banned double jeopardy and being forced to self-incriminate. Overall, the fifth amendment had a good impact on society at that time because it protected their basic rights.What we learned:
Elizaveta:
I learned about double jeopardy, self incrimination, eminent domain, and the right to remain silent. I didn't know that the amendment bans double jeopardy, which is being tried for the same crime twice. I learned that self incrimination is when you testify against yourself, and the fifth amendment ensures you that you don't have to self incriminate yourself. I learned that eminent domain is when the somebody takes away your land and pays you a just compensation. The most important thing that I learned was the right to remain silent. I've always heard the term, but I never really knew what I meant. Now I know that the fifth amendment grants you the right to plead the fifth, and not answer a question.Marco:
I learned about many of our rights that are supplied by the fifth amendment. Like how the government can't take our homes without just compensation. Also we don't have to answer questions in court if we feel we don't want to, and plead the fifth. Also we can't be tried for the same crime twice, that's called double jeopardy.
Resources that we used:
Websites:http://money.howstuffworks.com/eminent-domain.htm
http://eminent-domain.lawyers.com/government-taking-of-property.html
http://www.mirandarights.org/selfincrimination.html
http://criminal.findlaw.com/criminal-rights/miranda-warnings-and-police-questioning.html
Videos:
http://content.time.com/time/specials/packages/article/0,28804,2080345_2080344_2080379,00.html