Tuesday, April 22, 2014

Amendment V

Amendment V

     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.

     This amendment has to deal with double jeopardy. No one can be forced to testify against themselves and every person has the right to remain silent. Prosecutors can lie to try and get a confession. Due process is very important to this amendment. This is when government action must never be improper or unfair and must strictly allow rules and steps set down by the law. Procedural is where the accused has the right to clear charges, impartial judging, and have the opportunity to present the defense. Substantive is where the government cant act unfairly and they have to act fairly and apply the law equally. Another important key term to this amendment is eminent domain which gives the state and federal government have the right to take private property for public use. They also must compensate the former owners in a full payment for equipment of the property.

https://www.youtube.com/watch?v=tqkIw3fWaxw

     During this video, a director for the IRS pleads the firth when in court. She was accused of providing false information when she responded to questions about the IRS processing of applications for tax exemption. She states that she has not done anything wrong and refuses to testify.




















     This little comic is a good example of the fifth amendment. A student threw an object in the classroom, but with his knowledge of the fifth amendment, he knows that he doesn't have to answer for what he has done, nor be deprived of life, liberty, or property.














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