Friday, October 8, 2010

Amendment 5: Trial and Punishment, Compensation for Takings

"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 discusses trial and punishment.  It defines the qualifications for a grand jury and that an individual is not required to answer any questions without the grand jury being present.  The fifth amendment also guarantees double jeopardy so that the same case will not be tried twice.

This clip highlights "innocent until proven guilty." This is a motto our courts should abide by but unfortunately, our own judgments often get in the way of us giving each individual a fair chance.

This picture illustrates a portion of the fifth amendment.  When arrested, a police officer is required to read the arrested his or her Miranda rights.  These rights include the right to remain silent until the offender is in the presence of a jury and a judge.

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