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Understanding the 5th Amendment Rights

The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

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Donald King
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195 views40 pages

Understanding the 5th Amendment Rights

The 5th Amendment of the US Bill of Rights guarantees several important rights and legal processes. It includes the right to due process, meaning fairness in legal proceedings, the right against self-incrimination, including the right to "plead the fifth" and not testify against oneself, the right to a grand jury indictment, protection against double jeopardy, and limitations on eminent domain and uncompensated seizure of private property. It was included in the Bill of Rights to prevent the government from arbitrarily detaining and punishing citizens without legal cause or due process as had occurred during the American Revolution.

Uploaded by

Donald King
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Introduction to the 5th Amendment: Introduces the 5th Amendment and its basic guarantees, questioning what it entails.
  • Explanation of the 5th Amendment: Provides the text of the 5th Amendment, explaining key legal principles such as protection against double jeopardy and self-incrimination.
  • Understanding the 5th Amendment: Explains the implications and meanings behind the 5th Amendment including grand jury indictments and due process.
  • Historical Origins: Discusses the origins of the 5th Amendment during the American Revolution.
  • Historical Context of Prison Conditions: Depicts the harsh conditions of American prisoners during the Revolution, establishing context for the 5th Amendment.
  • Details of the 5th Amendment: Further details the components of the 5th Amendment and the types of trials available to U.S. citizens.
  • Trial Types for U.S. Citizens: Describes the different types of juries and trials that U.S. citizens can access, emphasizing grand and petit juries.
  • Case Studies and Examples: Presents examples such as the JonBenét Ramsey case, illustrating how grand juries operate.
  • Famous Grand Jury Cases: Explores high-profile grand jury cases like the impeachment of President Clinton.
  • Treason Trials: Provides examples of treason trials in the U.S., discussing their significance.
  • Debating 5th Amendment Protections: Analyzes debates over extending 5th Amendment protections to Guantanamo Bay detainees.
  • Theme of Double Jeopardy: Discusses the principle of double jeopardy and its implications for legal proceedings.
  • Exploring Double Jeopardy: Explains what double jeopardy entails and exceptions to this rule in legal situations.
  • OJ Simpson's Case: Analyzes the application of double jeopardy in the context of OJ Simpson’s legal battles.
  • Double Jeopardy's Continuing Impact: Discusses the ongoing relevance and application of double jeopardy in high-profile cases.
  • The 'Twinkie Defense' and Other Cases: Explores unique legal defenses in court cases, such as the 'Twinkie Defense'.
  • Self-Incrimination Protections: Explores the 5th Amendment's protections against self-incrimination, including immunity and confessions.
  • Pleading the Fifth: Explains the concept of 'Pleading the Fifth' and its use in court to prevent self-incrimination.
  • McCarthyism and Testimonies: Provides historical context on forced testimonies during the McCarthy era.
  • Confessions and Voluntariness: Discusses the role of voluntary confessions in prosecutions and historical abuses related to forced confessions.
  • Historical Inquisition Practices: Illustrates historical practices like the Inquisition to contextualize the need for confession protections.
  • Medieval Torture Devices: Depicts historical torture devices to emphasize the importance of humane treatment in legal systems.
  • Punishment Devices in History: Shows examples of devices used for punishment as a historical warning against abuses of power.
  • The Use of 'The Pear': Provides examples of torture devices like 'The Pear', demonstrating the importance of legal safeguards.
  • The Wheel as a Symbol of Punishment: Examples of historical punishment tools, underscoring the evolution of justice standards.
  • The Rack in Justice History: Depicts the Rack, linking historical torture with present justice reforms.
  • Modern Cases: Central Park Jogger: Explores modern implications of falsely obtained confessions through notable cases.
  • The Central Park Five Story: Describes how the Central Park Five case highlights issues with forced confessions and corruption.
  • Wrongful Convictions: West Memphis Three: Details the West Memphis Three case to illustrate flaws in judicial processes and forced confessions.
  • Continued Miscarriages: West of Memphis: Continues discussion on similar miscarriage cases, analyzing judicial errors.

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?
n No person shall be held to answer for [an]
infamous crime, unless onindictment of a
Grand Jury, except in cases arising in the land or
naval forceswhen 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?
n Grand jury indictments / types of juries
n You cannot be tried for the same crime twice
(Double Jeopardy)
n You do not have to testify against your self. (I
plead the fifth) / Confessions
n You must have due process (fairness) of law
before you are convicted
n The government cannot take your land unless it
pays
Where did the 5th Amendment originate?
n During the American
Revolution, suspected
rebels were arrested /
held w/out trial
n Forced into false
confessions
n Property seized

n 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?
n No person shall be held to answer for [an]
infamous crime, unless onindictment of a
Grand Jury, except in cases arising in the land or
naval forceswhen in actual service in time of
War or public danger

n Themes:
n What type of trial can I get as a US citizen?
What types of trial can I get as a US
citizen?
n Two (2) types:
n petit jury =
hearing & a jury trial
n grand jury =
determines evidence

n Grand juries
determine evidence,
but can also
investigate
Grand Jury & JonBent 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?
n nor shall any person be subject for the
same offense to be twice put in
jeopardy;

n Theme:
n Double Jeopardy
What is double jeopardy?
n Double Jeopardy
means that a person
can not be tried for
the same crime twice

n Does not apply:


n Mistrials
n New trials due to
appeal
The OJ Simpson case
Double Jeopardy still applies
Dan White / Twinkie
Defense (1978)
What is the 5th Amendment?
n nor shall be compelled in any criminal
case to be a witness against himself

n Theme:
n Self-incrimination
n Confessions
n Immunity
What does it mean to plead the fifth?
n A defendant in court
cannot be forced to
testify against him or
herself
n Pleading the 5th

n In Europe, courts used


questioning to trap
suspects & incriminate
themselves
McCarthyism (1950s)
What does the 5th Amendment say about
confessions?
n Police rely on
confessions to help
prosecute criminals
n Must be voluntary

n In Europe, police
used torture to get
confessions
n 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?
n The Miranda Rights is
the warning police give a
suspect once in custody
n Miranda v. Arizona
(1963)

n Lets a defendant known


their Constitutional rights
before questioning
n Right to remain silent
n Right to an attorney
Miranda v. Arizona (1963)
What is the 5th Amendment?
n nor be deprived of life, liberty, or
property, without due process of law

n Theme:
n Due Process of law
n Eminent Domain
What is due process of the law?
n Due Process is the
idea that the
government must
respect all the basic
rights of a citizen

n The idea dates back


to Magna Carta
Habeas corpus / Unlawful
Imprisonment
Due Process in Schools
What is Eminent Domain?
n Eminent Domain is the
governments power to
seize private property for
public use
n Citizens must be
compensated for their
loss

n Another idea dating back


to the Magna Carta
Eminent Domain & Centralia, PA

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