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Constitutional Law 1.6 Fifth Amendment

Constitutional Law 1.6 Fifth Amendment. Fifth Amendment.

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Constitutional Law 1.6 Fifth Amendment

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  1. Constitutional Law1.6 Fifth Amendment

  2. Fifth Amendment "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."

  3. Grand Juries • A grand jury is a group of 16 to 23 people who decide whether there is reason to believe a person has committed a crime and should stand trial. • They do not have to have a unanimous verdict. • They meet in secret. • They do not determine a person’s guilt.

  4. Double Jeopardy • A person can not be tried again after an acquittal • A person can not be tried again after they have been convicted • A person can not receive multiple punishments for the same offense

  5. Self-Incrimination • Self-incriminationis giving evidence and answering questions that would tend to subject one to criminal prosecution. • A suspect has the right to remain silent and cannot be forced to testify against himself. • In Miranda v. Arizona, the Supreme Court ruled that officers must inform the accused of their rights before questioning begins. • If a suspect is questioned but not told their rights, any statements they made can be excluded from the trial. However, if a person spontaneously gives the police information, those statements can be used in court.

  6. Due Process • Due processis the idea that every person involved in a legal dispute is entitled to a fair hearing or trial. • Substantive due process: your basic freedoms must be protected during the trial. • Procedural due process: the trial must run fairly and follow the law.

  7. Just Compensation • Eminent domain: the power of the government to take private property for public use, following the payment of just compensation to the owner of that property. • If the federal government takes an individual’s private property for public use, they must pay a fair price for it—typically, market value. • InKelo v. City of New London, the U.S. Supreme Court ruled that a city could seize private property for private commercial development, provided that the property would benefit more than a private group of individuals.

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