The 5th Amendment "No person shall be held to answer for a ----capital, or otherwise infamous crime, unless on a presentment or indictament of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when actual serivce in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jepordy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be dprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
In Our Words "A criminal cannot go to jail or court without a certain amount of evidence. You don't have to testify against yourself."
Our Main Question How did the series which prompted the creation of your amendment compare with the issues that are applied to today?
Q&AWhat year was this amendment ratified?
December 15, 1791
When was this amendment proposed? It was proposed on September 15, 1789
What was going on in America that made someone come up with this idea?
The colonists had just won the American Revolution, and were trying to set up a central government that included citizen rights.
Who came up with the 5th amendment?
James Madison came up with the idea and also wrote it.
The Miranda Rights
The Miranda Rights are the rights you have when you are taken into custody. Normally a police officer will read you these rights to let you know what you are still allowed to do. These rights often include the right to remain silent,
What is the process of law?
It is a law that appears in both 5th and 14th amendment. This law forbids or prevents federal, state, and local governments from taking a persons "life, liberty, or property without due process of law. What is Double Jeopardy?
Double jeopardy says that once a person has been given a charge, they cannot be trialed agai for the same crime unless, they violate a state and federal law, the jury can't agree, or the first trial is unfair. Pros of this amendment:
If the government needs your property for public uses, you get money to cover the expenses to buy new property.
If you're guilty of a crime, you don't have to say anything
People who don't like you can't throw you in jail for no reason
If you're guilty and proven innocent, you can't go to trial again
Cons of this amendment:
You can't use the excuse "I didn't know I was aloud not to talk" in a court of law
If the government takes your property, you will lose your house too
The Grand Jury can decide that you are guilty before the trial even starts
If you "plead the fifth" you may seem guilty
How is the fifth amendment used today?
Today the fifth amendment is used for many trials about
property and people who have commited crimes. Also in a trial you will
look more guilty if you plead the fifth.
What is "pleading the fifth"?
The 5th amendment states that no person has to say anything about themselves (in a court situation) that may prove they are guilty. The person can remain silent. This is called "Pleading the Fifth".
Current Events:__ Victoria: Link: http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600122.html My article was called "Gonzales Aide to Invoke Fifth Amendment". In this artcle, Alberto Gonzales refused to answer the upcoming senate asked him. He pleaded the 5th amendment, and now Gonzales is fighting to keep his job. When he was asked a question, he either remain silent, or he said that he's been asking himself questions about the situation. He is trying to make the best decision for his life. So he was quiet to many witnesses using the right of the 5th amendment. The House has voted 329-78 to strip the attorney general of his power. Gonzales is going to have to make a very important decision, if he is going to testify againsthimself or not, because the fifth amendment says that you do not have to. Current Event:
Rodrigo
Link: http://www.chicagotribune.com/news/nationworld/chi-oped0102impeachmentjan02,0,6344685.story
The article "Streaming lining the road to impeachment," by James R. Freguson, is based on the case of Governor Blagojevich and the possibility of his impeachment by the State Senate of Illinois. One of the steps that he could take if he is called to testify could be his right to invoke the 5th Amendment. However, if he refuses to awnser questions about his code of conduct in office, it would mean an abuse of his power. The fifth amendment gives the right to refuse to testify against themselves in a criminal case. Though in Blagojevich's problem this was a non- criminal case. This meant that amendment five could not be applied in a situation like this.
The article "Former Officer In Fatal Bart Shooting Took The Fifth" took place in Oakland California.The fatal shooting tradgedy took place on New Year Day.This will make mehserle the shooter pray about his fifth amendment rites.Mehserle shot a man in the back.14 people were there and whitnessed the shooting.The shooter's fifth amendment rite was he didn't have to self incriminate himself so he asked for a attorny.The shooter also had a stun gun on him but he choose not to use it, but to use the firearm.I found the article to be depressing.A man killed another man on New Years Day.That would not really be the best way to start off the new year.If you even had a stun gun on the other side of your belt why use the firearm instead of the stun gun.Why did he even bring a real gun?I was sad when i foung out that the man was shot in the back.
Rights of the Accused
Mr. Welsh Period 2: Victoria, Rodrigo, and Nick
The 5th Amendment "No person shall be held to answer for a ----capital, or otherwise infamous crime, unless on a presentment or indictament of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when actual serivce in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jepordy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be dprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."In Our Words "A criminal cannot go to jail or court without a certain amount of evidence. You don't have to testify against yourself."
Our Main Question How did the series which prompted the creation of your amendment compare with the issues that are applied to today?
Q&A
What year was this amendment ratified?
December 15, 1791
When was this amendment proposed? It was proposed on September 15, 1789
What was going on in America that made someone come up with this idea?
The colonists had just won the American Revolution, and were trying to set up a central government that included citizen rights.
Who came up with the 5th amendment?
James Madison came up with the idea and also wrote it.
The Miranda Rights
The Miranda Rights are the rights you have when you are taken into custody. Normally a police officer will read you these rights to let you know what you are still allowed to do. These rights often include the right to remain silent,
What is the process of law?
It is a law that appears in both 5th and 14th amendment. This law forbids or prevents federal, state, and local governments from taking a persons "life, liberty, or property without due process of law.
What is Double Jeopardy?
Double jeopardy says that once a person has been given a charge, they cannot be trialed agai for the same crime unless, they violate a state and federal law, the jury can't agree, or the first trial is unfair.
Cons of this amendment:
How is the fifth amendment used today?
Today the fifth amendment is used for many trials about
property and people who have commited crimes. Also in a trial you will
look more guilty if you plead the fifth.
What is "pleading the fifth"?
The 5th amendment states that no person has to say anything about themselves (in a court situation) that may prove they are guilty. The person can remain silent. This is called "Pleading the Fifth".
Link: http://images.google.com/imgres?imgurl=http:www.cla.asn.au/images/defend_court.jpg&imgrefurl=http://www.cla.asn.au/0805/index.php/subs/2008/new-bill-would-strip-400-year-old-right&usg=oxHihIveYISmWic_HGI51_NcEV4=&h=409&w=535&sz=16&hl=en&start=3&tbnid=f7B9agRhWx5cpM:&tbnh=101&tbnw=132&prev=/images%3Fq%3Dperson%2Bin%2Bcourt%26gbv%3D2%26hl%3Den%26safe%3Dactive
Link: http://images.google.com/imgres?imgurl=http:www3.uakron.edu/cba/cbalabs/Images/questionmark.jpg&imgrefurl=http://www3.uakron.edu/cba/cbalabs/faq/index.htm&usg=6cEQYBOsMsBaaSgsJGQaqgeL6DE=&h=300&w=300&sz=7&hl=en&start=17&tbnid=iomeqgUR1wXHNM:&tbnh=116&tbnw=116&prev=/images%3Fq%3Dquestionmark%26gbv%3D2%26hl%3Den%26safe%3Dactive
Link: http://images.google.com/imgres?imgurl=http://www.potpiegirl.com/wp-content/uploads/2008/02/thumbs-up.jpg&imgrefurl=http://www.squidoo.com/wordpress-secrets&usg=wnNtmaiDI32zaHanTGPuAlFcd_U=&h=323&w=350&sz=19&hl=en&start=9&tbnid=xrpA-kSlhppFfM:&tbnh=111&tbnw=120&prev=/images%3Fq%3Dthumbs%2Bup%26gbv%3D2%26hl%3Den
Current Events:__
Victoria:
Link: http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032600122.html
My article was called "Gonzales Aide to Invoke Fifth Amendment". In this artcle, Alberto Gonzales refused to answer the upcoming senate asked him. He pleaded the 5th amendment, and now Gonzales is fighting to keep his job. When he was asked a question, he either remain silent, or he said that he's been asking himself questions about the situation. He is trying to make the best decision for his life. So he was quiet to many witnesses using the right of the 5th amendment. The House has voted 329-78 to strip the attorney general of his power. Gonzales is going to have to make a very important decision, if he is going to testify againsthimself or not, because the fifth amendment says that you do not have to.
Current Event:
Rodrigo
Link: http://www.chicagotribune.com/news/nationworld/chi-oped0102impeachmentjan02,0,6344685.story
The article "Streaming lining the road to impeachment," by James R. Freguson, is based on the case of Governor Blagojevich and the possibility of his impeachment by the State Senate of Illinois. One of the steps that he could take if he is called to testify could be his right to invoke the 5th Amendment. However, if he refuses to awnser questions about his code of conduct in office, it would mean an abuse of his power. The fifth amendment gives the right to refuse to testify against themselves in a criminal case. Though in Blagojevich's problem this was a non- criminal case. This meant that amendment five could not be applied in a situation like this.
Current Event
Nick
Link: http://www.ktvu.com/news/18464504/detail.html
The article "Former Officer In Fatal Bart Shooting Took The Fifth" took place in Oakland California.The fatal shooting tradgedy took place on New Year Day.This will make mehserle the shooter pray about his fifth amendment rites.Mehserle shot a man in the back.14 people were there and whitnessed the shooting.The shooter's fifth amendment rite was he didn't have to self incriminate himself so he asked for a attorny.The shooter also had a stun gun on him but he choose not to use it, but to use the firearm.I found the article to be depressing.A man killed another man on New Years Day.That would not really be the best way to start off the new year.If you even had a stun gun on the other side of your belt why use the firearm instead of the stun gun.Why did he even bring a real gun?I was sad when i foung out that the man was shot in the back.