THE FIFTH AMENDMENT
Sam C and Joe D Question 1: Why was this amendment passed?
This amendment was passed because at the time when the Constitution was made, the colonists had experienced unfair court trials under English rule, and in their new country they wanted to have fair, just trials. Question 2:When was this amendment ratified?
1791, the year the first ten amendments were passed. This amendment was proposed on September 25, 1789. Question 3: How does this amendment apply today?
This amendment applies today because a criminal does not have to give evidence against himself. This also makes the court a lot harder to declare a criminal guilty because they get less evidence. However, "Pleading the Fifth" sometimes make the jury assume the accused is guilty. Question 4: What was a case in which the accused used the amendment?
When OJ simpson was accused for murdering his wife, he pleaded the fifth and kept silent the entire trial and was later found innocent. Also Barry Bonds was accused of using steroids and he pleaded the fifth as well. Question 5: What would happen in court without this amendment?
Without this amendment, many accused people would probably be wrongly accused of the the crime because they would be forced to speak and give evidence. There would also be much confusion in the court.
Bill of Rights
Question 6: How does this benefit the accused?
This benefits the accused because they can let their lawyers try to defend them while not having to help the court prove them guilty because they don't have to give any evidence, which probably will make the case go their way. Question 7: How does this make it harder to prove the accused guilty?
Because the accused does not have to give evidence, the opposing lawyer and judge have to find evidence on their own instead of getting evidence from the accused, which can delay the progress of the side of the court that is trying to prove the accused guilty. Question 8: What is double jeopardy?
Double jeopardy is when you are tried twice for the same crime. The fifth amendment protects against this, saying that if the court finds you innocent once for a crime, you will not be tried again the second time you are accused of that same crime. Question 9: What was an example of something that probably prompted the proposition of this amendment?
After the Boston Massacre, probably many bystanders were accused of causing the Massacre by throwing rocks, irritating the soldiers etc. During their trial, their would have had to give evidence against themselves because their was no right protecting what the Fifth does. As a result, many accusees were probably "proved" guilty. Question 10:What about the part of the amendment that says "except in cases arising in the land or naval forces"?
This means that in cases arising in the military, you must answer questions and testify. This is reasonable because if the case goes the wrong way, it could really hurt the government and the army, two vital things for the country's peace. Current Event #1 By Sam C
Title: "OJ Simpson paid off witness, investigator tells court" Summary: An invesigator in Clark County said Alfred Beardsley, a witness in OJ Simpson's case, supposedly altered his testimony of the incident in which OJ Simpson supposedly commited various crimes such as murder, robbery, kidnapping and other charges. The investigator reported that the reason Mr. Beardsley altered his testimony was that Mr. Simpson offered him his Hall of Fame Ring. After being accused, Beardsley attended a hearing in which he was demanded to turn over the ring. When called to the witness stand, Beardsley used his fifth amendment right and refused to testify. He was advised not to say anything by his lawyer because of an investigation regarding Beardsley in Las Vegas. Opinion: I think that Beardsley is certainly guilty and was effected by Simpson's bribe of the ring. I think so because he pleaded the fifth and said someone had tampered with the audio recording critical to the case at the end of the article. I strongly believe that OJ Simpson is guilty because there was so much evidence against him and he was found innocent only because he could afford some of the best lawyers in the country!
Link to article:www.latimes.com/news/local/crime/la-me-simpson13-2008dec13,0,2232920.story
Sam C and Joe D
Question 1: Why was this amendment passed?
This amendment was passed because at the time when the Constitution was made, the colonists had experienced unfair court trials under English rule, and in their new country they wanted to have fair, just trials.
Question 2: When was this amendment ratified?
1791, the year the first ten amendments were passed. This amendment was proposed on September 25, 1789.
Question 3: How does this amendment apply today?
This amendment applies today because a criminal does not have to give evidence against himself. This also makes the court a lot harder to dec
Question 4: What was a case in which the accused used the amendment?
When OJ simpson was accused for murdering his wife, he pleaded the fifth and kept silent the entire trial and was later found innocent. Also Barry Bonds was accused of using steroids and he pleaded the fifth as well.
Question 5: What would happen in court without this amendment?
Without this amendment, many accused people would probably be wrongly accused of the the crime because they would be forced to speak and give evidence. There would also be much confusion in the court.
Question 6: How does this benefit the accused?
This benefits the accused because they can let their lawyers try to defend them while not having to help the court prove them guilty because they don't have to give any evidence, which probably will make the case go their way.
Question 7: How does this make it harder to prove the accused guilty?
Because the accused does not have to give evidence, the opposing lawyer and judge have to find evidence on their own instead of getting evidence from the accused, which can delay the progress of the side of the court that is trying to prove the accused guilty.
Question 8: What is double jeopardy?
Dou
Question 9: What was an example of something that probably prompted the proposition of this amendment?
After the Boston Massacre, probably many bystanders were accused of causing the Massacre by throwing rocks, irritating the soldiers etc. During their trial, their would have had to give evidence against themselves because their was no right protecting what the Fifth does. As a result, many accusees were probably "proved" guilty.
Question 10: What about the part of the amendment that says "except in cases arising in the land or naval forces"?
This means that in cases arising in the military, you must answer questions and testify. This is reasonable because if the case goes the wrong way, it could really hurt the government and the army, two vital things for the country's peace.
Current Event #1
By Sam C
Title: "OJ Simpson paid off witness, investigator tells court"
Summary: An invesigator in Clark County said Alfred Beardsley, a witness in OJ Simpson's case, supposedly altered his testimony of the incident in which OJ Simpson supposedly commited various crimes such as murder, robbery, kidnapping and other charges. The investi
Opinion: I think that Beardsley is certainly guilty and was effected by Simpson's bribe of the ring. I think so because he pleaded the fifth and said someone had tampered with the audio recording critical to the case at the end of the article. I strongly believe that OJ Simpson is guilty because there was so much evidence against him and he was found innocent only because he could afford some of the best lawyers in the country!
Link to article:www.latimes.com/news/local/crime/la-me-simpson13-2008dec13,0,2232920.story