The US Bill of Rights
The 5th Amendment
What is the 5th Amendment?
What rights of guaranteed to me
under the 5th Amendment?
What is the 5th Amendment?
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“No person shall be held to answer for [an]
infamous crime, unless on…indictment of a
Grand Jury, except in cases arising in the land or
naval forces…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…; 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…”
What does all that mean?
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Grand jury indictments / types of juries
You cannot be tried for the same crime twice
(“Double Jeopardy”)
You do not have to testify against your self. (“I
plead the fifth”) / Confessions
You must have due process (fairness) of law
before you are convicted
The government cannot take your land unless it
pays
Where did the 5th Amendment originate?
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During the American
Revolution, suspected
“rebels” were arrested /
held w/out trial
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Forced into false
confessions
Property seized
The Founding Father
wished to keep the new
government from having
this power
Horrid Conditions of American prisoners
during the Revolution
What is in the 5th Amendment?
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“No person shall be held to answer for [an]
infamous crime, unless on…indictment of a
Grand Jury, except in cases arising in the land or
naval forces…when in actual service in time of
War or public danger…”
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Themes:
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What type of trial can I get as a US citizen?
What types of trial can I get as a US
citizen?
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Two (2) types:
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“petit jury” =
hearing & a jury trial
“grand jury” =
determines evidence
Grand juries
determine evidence,
but can also
investigate
Grand Jury & JonBenét Ramsey
Ken Starr & The Impeachment Grand Jury
Treason Trials in the US
Should inmates at Gitmo get 5th Amendment
protection?
What is the 5th Amendment?
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“…nor shall any person be subject for the
same offense to be twice put in
jeopardy…;”
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Theme:
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“Double Jeopardy”
What is “double jeopardy”?
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“Double Jeopardy”
means that a person
can not be tried for
the same crime twice
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Does not apply:
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Mistrials
New trials due to
appeal
The OJ Simpson case
Double Jeopardy still applies…
Dan White / “Twinkie
Defense” (1978)
What is the 5th Amendment?
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“…nor shall be compelled in any criminal
case to be a witness against himself…”
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Theme:
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Self-incrimination
Confessions
Immunity
What does it mean to “plead the fifth”?
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A defendant in court
cannot be forced to
testify against him or
herself
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“Pleading the 5th”
In Europe, courts used
questioning to trap
suspects & incriminate
themselves
McCarthyism (1950’s)
What does the 5th Amendment say about
confessions?
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Police rely on
confessions to help
prosecute criminals
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Must be voluntary
In Europe, police
used torture to get
confessions
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“false confessions”
The Inquisition
The Head Vice
The Judas Chair
The “Pear”
The “Wheel”
FREEDOM ?
The Rack
Central Park Jogger Case (1989)
The Central Park Five (2012)
West Memphis Three (1993)
West of Memphis (2012)
The Norfolk Four (1997)
Immunity from Prosecution
What are the “Miranda Rights”?
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The “Miranda Rights” is
the warning police give a
suspect once in custody
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Miranda v. Arizona
(1963)
Lets a defendant known
their Constitutional rights
before questioning
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Right to “remain silent”
Right to an attorney
Miranda v. Arizona (1963)
What is the 5th Amendment?
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“…nor be deprived of life, liberty, or
property, without due process of law…”
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Theme:
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Due Process of law
Eminent Domain
What is “due process” of the law?
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“Due Process” is the
idea that the
government must
respect all the basic
rights of a citizen
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The idea dates back
to Magna Carta
“Habeas corpus” / Unlawful
Imprisonment
Due Process in Schools
What is “Eminent Domain”?
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Eminent Domain is the
government’s power to
seize private property for
public use
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Citizens must be
compensated for their
loss
Another idea dating back
to the Magna Carta
Eminent Domain & Centralia, PA