Text of the 5th Amendment, from the Bill of Rights"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 of naval forces, or in the Militia, when inactual service in time of War or public danger; nor shall any person be subject for the same offence 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."
Section 1: Double Jeopardy
Double Jeopardy says that once a person has been given a charge, they can not be trialed again for the same crime. However, the defendant may be charged again if
-they violate a state and federal law
-jury can't agree
-the first trial is unfair
Section 2: Pleading the Fifth
The fifth amendment also gives the defendant the right to remain silent. The purpose of this section is to protect self-incrimination and is known as "pleading the fifth."
Section 3: The Miranda Rights
Just because you have a right as an American citizen, doesn't mean that everybody knows about it. In the past, police officers did not tell the defendant about their rights which later led to self-incrimination. This changed during a court case named Miranda vs. Arizona (1966), when the Supreme Court used the statement, "You have the right to remain silent." This statement is the first statement that officers must use when they arrest somebody.
Section 4: Property Rights
There are certain rights that the state or federal government can not take away from you. The Supreme Court will look at the individual cases to see if the procedures were fair.
This amendment is part of the Bill of Rights so therefore, it was ratified on December 15th, 1791
2. Who proposed the idea of the fifth amendment?
James Madison
3. What is double jeopardy?
Double Jeopardy is prevents a person from being trialed twice for the same crime unless a mistake was found after the court place
4. Why was Double Jeopardy added to the Bill of Rights?
Before the Bill of Rights, England had a right against double Jeopardy but it was often ignored. It only applied to capital crimes and if he or she was found guilty, they would receive the death penalty. Massachusetts first had the idea that "No man shall be twice sentenced by Civil Justice for one and the same Crime, offense, or trespass" When James Madison proposed the idea of the fifth amendment, he wanted to make sure that the right would not be abused by the government like it has in England or forgotten like it has in 11/13 State Constitutions.
To "plead the fifth" is the third part of the amendment. It protects self incrimination. This part does not only apply to in-court testimony, but also when a person is being questioned by the police. Once a person refuses to speak, the police must stop asking questions.
6. What is an example of someone pleading the fifth?
Roger Clements
Mark McGwire
Two similar examples of baseball players who pleaded the fifth are Mark McGwire and Roger Clemens. They were both accused of using steroids. When they were in court, they both repetitively pleaded the fifth.
7. Why do some people argue with the fifth?
Some people think that the fifth amendment gives the people more rights than they should have. For example, many Americans think that pleading the fifth is unfair because many people have been proved innocent without saying a word. Also, pleading the fifth makes you look guilty. On the other hand, many Americans think that it is fair because it limits self-incrimination and it's a right that they believe needs to be added.
8. Why was the fifth amendment added?
The fifth amendment was added after the Court of Star Chamber. The Court of Star Chamber or The Star Chamber was an English Court that was in effect from 1487-1641. The purpose of the court was to have a hearing by the superior court straight away instead of waiting for the case to be looked at by common-law courts.
Procedures of the Court of Star Chamber:
1. The case will start with information bought to the attention of the judge
2. A witness will give evidence to the court
**3.The accused must respond to the charges and answer asked questions in detail or else they will get beaten*
This amendment was proposed In September 25, 1789.
10. Did the find someone guilt because they pleaded the fifth?
No, the court is not allowed to base the decision on pleading the fifth because that would be self incrimination
By Christopher
Essential Question: How did the issues which prompted the creation of you amendment compare with the issues they are applied to today?
Back then, people still were trialed for crimes, just like in the present day. The amount of power and the rights of the accused have changed due to the fifth amendment.
My article was about a famous baseball player, Mark McGwire at a meeting with former and current baseball players to discuss the use of steroids. When he was asked by the St. Louis congressmen if he could promise his fans that he is not using steroids, he quoted, "I am not here to go to my past or talk to my past. I am here to make a positive influence of this." McGwire also declined to say anything about the wrongdoings of his team mates and friends. In addition, when McGwire was asked a series of questions, he refused to answer the questions because he believed that anything that he would say would "jeopardize my friends, family, and myself." This article relates to the fifth amendment because Mark McGwire was pleading the fifth. He was using his right to remain silent and refused to speak about his past use of steroids.
My article is about Lietenant Colonel Oliver North who in 1986 used the fifth amendment during a White House scandal. In 1986, the White House was involved in a weapons selling scandal. The then President Ronald Reagan, said that the US was secretly selling weapons to Iran and the profits were going to funding the rebels in Nigaragua to help overthrow the government. Lt. Colonel Oliver North was put on trial for this. During the trial whenever he was asked about his involvement, he repeatedly used the fifth amendment. "On the advice of my counsel, I respectfully and regretfully decline to answer the questions based on my constitutional rights," he had said. Lt. Colonel Oliver North was suspended for his role in the scandal he received a three year suspension, but was later pardoned. He was protecting himself by using the fifth amendment.
In April 2007, Attorney General Alberto Gonzales' top aide, Monica M. Goodling, suddenly resigned from her job after telling Congress she would not testify about her role in the firings of eight federal prosecutors. Goodling decided to assert her fifth amendments right against self-incrimination as the reason why she refused to meet for a private interview with a House committee that was investigating the firing of the U.S. attorneys. She didn't give any other reason for not testifing. Her lawyer asked the Chairman of the House of Judiciary Committee that was investigating this to not make her appear at a public hearnig because she would take the fifth amendment and refuse to answer any questions. Her lawyers said that such a hearing wourld be a perjury trap for her. She is the third official from the Justice Department who was involved in the firings of the federal prosecuters to resign from their job once this investigation began. The Justice Department would not comment of the firings. Monica M. Goodling was the chief bridge between the Justice Department and the White House, so she would know if Karl Rove and other members of George Bush's political team were involved in the firings. They also wanted to ask her about Gonzales' role because he had been telling different stories about the firings.The firings happend right after Bush was re-elected in 2004.
Section 1: Double Jeopardy
Double Jeopardy says that once a person has been given a charge, they can not be trialed again for the same crime. However, the defendant may be charged again if
-they violate a state and federal law
-jury can't agree
-the first trial is unfair
Section 2: Pleading the Fifth
The fifth amendment also gives the defendant the right to remain silent. The purpose of this section is to protect self-incrimination and is known as "pleading the fifth."
Section 3: The Miranda Rights
Just because you have a right as an American citizen, doesn't mean that everybody knows about it. In the past, police officers did not tell the defendant about their rights which later led to self-incrimination. This changed during a court case named Miranda vs. Arizona (1966), when the Supreme Court used the statement, "You have the right to remain silent." This statement is the first statement that officers must use when they arrest somebody.
Section 4: Property Rights
There are certain rights that the state or federal government can not take away from you. The Supreme Court will look at the individual cases to see if the procedures were fair.
More information about the Sections of the amendment
1. When was the Amendment Ratified?
This amendment is part of the Bill of Rights so therefore, it was ratified on December 15th, 1791
2. Who proposed the idea of the fifth amendment?
James Madison
3. What is double jeopardy?
Double Jeopardy is prevents a person from being trialed twice for the same crime unless a mistake was found after the court place
4. Why was Double Jeopardy added to the Bill of Rights?
Before the Bill of Rights, England had a right against double Jeopardy but it was often ignored. It only applied to capital crimes and if he or she was found guilty, they would receive the death penalty. Massachusetts first had the idea that "No man shall be twice sentenced by Civil Justice for one and the same Crime, offense, or trespass" When James Madison proposed the idea of the fifth amendment, he wanted to make sure that the right would not be abused by the government like it has in England or forgotten like it has in 11/13 State Constitutions.
More information on the history of Double Jeopardy
5. What did it look like to plead the fifth?
To "plead the fifth" is the third part of the amendment. It protects self incrimination. This part does not only apply to in-court testimony, but also when a person is being questioned by the police. Once a person refuses to speak, the police must stop asking questions.
6. What is an example of someone pleading the fifth?
Two similar examples of baseball players who pleaded the fifth are Mark McGwire and Roger Clemens. They were both accused of using steroids. When they were in court, they both repetitively pleaded the fifth.
7. Why do some people argue with the fifth?
Some people think that the fifth amendment gives the people more rights than they should have. For example, many Americans think that pleading the fifth is unfair because many people have been proved innocent without saying a word. Also, pleading the fifth makes you look guilty. On the other hand, many Americans think that it is fair because it limits self-incrimination and it's a right that they believe needs to be added.
8. Why was the fifth amendment added?
The fifth amendment was added after the Court of Star Chamber. The Court of Star Chamber or The Star Chamber was an English Court that was in effect from 1487-1641. The purpose of the court was to have a hearing by the superior court straight away instead of waiting for the case to be looked at by common-law courts.
Procedures of the Court of Star Chamber:
1. The case will start with information bought to the attention of the judge
2. A witness will give evidence to the court
**3.The accused must respond to the charges and answer asked questions in detail or else they will get beaten*
More information on Court of Star Chamber
by Aimee9. When was this amendment proposed?
This amendment was proposed In September 25, 1789.
10. Did the find someone guilt because they pleaded the fifth?
No, the court is not allowed to base the decision on pleading the fifth because that would be self incrimination
By Christopher
Essential Question: How did the issues which prompted the creation of you amendment compare with the issues they are applied to today?
Back then, people still were trialed for crimes, just like in the present day. The amount of power and the rights of the accused have changed due to the fifth amendment.
By Aimee FongAimee's Current Event
My article was about a famous baseball player, Mark McGwire at a meeting with former and current baseball players to discuss the use of steroids. When he was asked by the St. Louis congressmen if he could promise his fans that he is not using steroids, he quoted, "I am not here to go to my past or talk to my past. I am here to make a positive influence of this." McGwire also declined to say anything about the wrongdoings of his team mates and friends. In addition, when McGwire was asked a series of questions, he refused to answer the questions because he believed that anything that he would say would "jeopardize my friends, family, and myself." This article relates to the fifth amendment because Mark McGwire was pleading the fifth. He was using his right to remain silent and refused to speak about his past use of steroids.
Christopher's Current Event
http://news.bbc.co.uk/2/hi/americas/1801948.stmMy article is about Lietenant Colonel Oliver North who in 1986 used the fifth amendment during a White House scandal. In 1986, the White House was involved in a weapons selling scandal. The then President Ronald Reagan, said that the US was secretly selling weapons to Iran and the profits were going to funding the rebels in Nigaragua to help overthrow the government. Lt. Colonel Oliver North was put on trial for this. During the trial whenever he was asked about his involvement, he repeatedly used the fifth amendment. "On the advice of my counsel, I respectfully and regretfully decline to answer the questions based on my constitutional rights," he had said. Lt. Colonel Oliver North was suspended for his role in the scandal he received a three year suspension, but was later pardoned. He was protecting himself by using the fifth amendment.
Paul's Current Event
http://www.msnbc.msn.com/id/17986525
In April 2007, Attorney General Alberto Gonzales' top aide, Monica M. Goodling, suddenly resigned from her job after telling Congress she would not testify about her role in the firings of eight federal prosecutors. Goodling decided to assert her fifth amendments right against self-incrimination as the reason why she refused to meet for a private interview with a House committee that was investigating the firing of the U.S. attorneys. She didn't give any other reason for not testifing. Her lawyer asked the Chairman of the House of Judiciary Committee that was investigating this to not make her appear at a public hearnig because she would take the fifth amendment and refuse to answer any questions. Her lawyers said that such a hearing wourld be a perjury trap for her. She is the third official from the Justice Department who was involved in the firings of the federal prosecuters to resign from their job once this investigation began. The Justice Department would not comment of the firings. Monica M. Goodling was the chief bridge between the Justice Department and the White House, so she would know if Karl Rove and other members of George Bush's political team were involved in the firings. They also wanted to ask her about Gonzales' role because he had been telling different stories about the firings.The firings happend right after Bush was re-elected in 2004.
More work cited on the fifth amendment
http://caselaw.lp.findlaw.com/data/constitution/amendment05/
http://www.usconstitution.net/consttop_duep.html
Thanks to PYZAM.com for the bubble letters!