Amendment+5+(2)

**The 5th amendment protects someone in a legal case from government authority. The 5th amendment can be traced back to the magna carta in 1215.

Double Jeopardy--->** Once acquitted a defendant may not be retried for the same offense. Furthermore, defendants may not be retried following conviction excpet in certain cases when the judge sees it fit and proper. The defendant may not be punished twice for the same offense. However, sometimes the sentence can be increased.


 * Self-Incrimination--->** "Plead the Fifth", "right to remain silent" ; To refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties, or forfeiture.


 * Due- Process-->** You have to be read your rights such as the right to remain silent, the right to an attorney, the right to a speedy trial, etc.


 * Eminent Domain-->** The government can't just take your property for public use such as highways or buildings. They have to pay you a fair amount.


 * Court cases to look up:** Miranda vs. Arizona & Benton vs. Maryland. Miranda vs. Arizona was about due-process and Benton vs. Maryland was about double-jeopardy. Both are supreme court cases.

In Benton vs. Maryland a man was put on trial for larceny and burglary in the state of Maryland. He was acquitted of the larceny but convicted of burglary. He was then charged again for the same two crimes. The supreme court reversed this ruling on the bases of double-jeopardy under the 5th amendment.

In the case Miranda vs. Arizona Ernesto Miranda was charged for armed burglary in the state of Phoenix, Arizona. Miranda had already a juvenile record which included, attempted rape, assault, burglary. 11 days before his trial for armed burglary he signed a written confession to the robbery, and to kidnapping and raping a 18 year old women, his lawyer appealed on the grounds of self-incrimination. The lawyer appealed to the courts stating that Miranda did not know his rights under the 5th amendment and self-incrimination.

Nobody can go to trial for a serious crime, except in a military setting, without first being indicted by a Grand Jury.

Civil liberties controversies tend to be divisive by their very nature, but in many ways they define our national culture and our national values. The fact that the United States is not largely of one mind on the importance of various issues pertaining to civil liberties is demonstrative of our culture. In the future, we think that this amendment will basically stay the same because there aren't many ways you can interpret what is said in this amendment. Grand Jury, Due Process, Self-Incrimination, Double Jeopardy, and Eminent Domain all provide a good basis of trials and how defendants can act. We think that this amendment makes sense and will stay the same.

__Period 2 (2009)__