Government
2014-2015
Unit 4: Civil Liberties
Lesson 8
I.
Introduction
A. Objective: Our Fifth Amendment
B. Do Now: Read the Fifth Amendment and make a list of rights it protects.
II.
Grand Jury Indictment
A. Definitions
B. Text
III.
Double Jeopardy
A. Definition
B. Four Protections
IV.
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Self-Incrimination
A. Definition
B. Ashcraft v. Tennessee (1944)
Facts of the Case: E.E. Ashcraft was charged with hiring John Ware to murder Zelma Ida Ashcraft, E.E. Ashcraft’s wife. They
both confessed and were sentenced to 99 years. Ware and Ashcraft appealed claiming that their confessions were extorted.
Ware, a black man, claimed that he confessed because he feared mob violence. Ashcraft, who had been questioned for more
than 38 hours, with only one 5-minute break, claimed he was threatened and abused.
Question: Were both men coerced into confession, thereby violating their Fifth Amendment and Fourteenth Amendment right
against self-incrimination?
Decision:
C. Miranda v. Arizona (1966)
Facts of the Case: On March 13. 1963, Ernesto Miranda was arrested for the kidnapping and rape of an 18-year-old girl ten days
earlier. After two hours of interrogation by police officers, Miranda signed a confession to the rape charge on forms that
included the types statement “I hereby swear that I make this statement voluntarily and of my own free will, with no threats,
coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used
against me.” However, at no time was Miranda told of his right to counsel. Prior to being presented with the form on which he
was asked to write out the confession he had already given orally, he was not advised of his right to remain silent, nor was he
informed that his statements during the interrogation would be used against him. Miranda was convicted of rape and
kidnapping and sentenced to 20 to 30 years imprisonment on each charge.
Question: Did the police practice of interrogating individuals without notifying them of their rights to counsel and their
protection against self-incrimination violate the Fifth Amendment?
Decision:
V.
Due Process
A. Define
B. Fourteenth Amendment
C. Procedural Due Process
D. Substantive Due Process
Government
2014-2015
VI.
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Eminent Domain
A. Define
B. Kelo v. City of New London
Facts of the Case: New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to
private developers. The city said developing the land would create jobs and increase tax revenues. Kelo Susette and others
whose property was seized sued New London. They argued the city violated the Fifth Amendment’s takings clause, which
guaranteed the government will not take private property for public use without just compensation. Specifically they argued
taking private property to sell to private developers was not public use.
Question: Did the city violate the Fifth Amendment’s takings clause if the city takes private property and sells it for private
development, with the hopes the development will help the city’s bad economy?
Decision:
VII.
Conclusion
A. The Fifth Amendment protects us from government abuse.
B. Due process refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to
corporations.
1. The 5th Amendment obliges the national government to provide due process.
2. The 14th Amendment obliges the state governments to provide due process.
C. The difference between Procedural and Substantive Due Process is this:
1. Substantive due process asks the question of whether the government’s deprivation of a person’s life, liberty,
or property is justified by a sufficient purpose.
2. Procedural due process, by contrast, asks whether the government has followed the proper procedures when it
takes away life, liberty or property.
Key Terms, Concepts, Events, People, and Places:
Grand Jury
Indictment
Double Jeopardy
Self-Incrimination
Miranda v. Arizona
Miranda Rights
Due Process
Procedural Due Process
Substantive Due Process
Fourteenth Amendment
Eminent Domain
Kelo v. New London
Questions to Consider:
1. What right is the Fifth Amendment protecting by guaranteeing an indictment by a grand jury?
2. What right is the Fifth Amendment protecting by prohibiting double jeopardy?
3. What right is the Fifth Amendment protecting by prohibiting self-incrimination?
4. What is the difference between procedural and substantive due process?
5. What is the connection between the fifth and the fourteenth amendments?
6. What right is the Fifth Amendment protecting by defining eminent domain?