Amendment 5 of the Constitution

1. Amendment 5 of the Constitution Trial and Punishment, Compensation for Takings Ratified 12/15/1791 What does this mean? Protects people from being held for committing a crime unless they are properly indicated Can’t be tried twice for same crime Can’t be forced to testify against yourself Protects people from property being taken from them without just compensation Due process guaranteed 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.

2. Living the Constitution • Man serving time for vehicular homicide will get out earlier than expected • Dennis Bizzoco was driving a car when he crashed on Mountain Creek Road • Both his friends and the driver of the other car died • Bizzoco appealed • Shouldn’t be convicted of both DUI and vehicular homicide by intoxication • Attorney argued that constitutes double jeopardy • Court agreed, dropped DUI conviction • His 8 year sentence will be shortened by about a year • Double jeopardy: Being tried twice for the same offense; prohibited by the 5th Amendment of the U.S. Constitution • He couldn’t be charged with the same crime twice • Either has to be charged with vehicular homicide by intoxication or DUI

3. Living the Constitution • Jimmy Ray Bromgard was 17 when convicted of raping an 8 year old girl in Billings, Mont. • He was arrested based on sketch of the victims description • He was picked from a lineup by the victim • 60% - 65% sure it was him • Prosecution’s case rested in the victim’s identification and the discovery of several hairs • It was fabricated that the hairs had less then one in a 10,000 chance to belonging to someone else • Spent 14 years in prison before DNA proved his innocence • He did not get due process of the law • By the constitution he was guaranteed a trial in a competent manner that he did not receive • His assigned lawyer failed to adhere to due process of the law by not providing competent representation • His lawyer did not defend him adequately • They never hired a forensic expert, nor did he conduct an independent investigation, filed no motions to suppress the shaky identification, gave no opening statement, prepared no closing statement and failed to file an appeal.

4. Amendment 8 of the Constitution Cruel and Unusual Punishment Ratified 12/15/1791 What does this mean? Punishments will be fair Punishment won’t be cruel Extraordinarily large fines won’t be set • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

5. Living the Constitution • Michigan Supreme Court publically censured a judge for setting “grossly excessive” bail and showing “severe attitude” towards witnesses and litigants • Judge Norene Redmond of Eastpointe • Censured after the court reviewed her actions in 3 cases • Redmond raised the bond for a woman after she was told the woman’s son called her an asshole outside the courtroom • Set bonds at $750,000 and $1 million for 2 men accused of overbilling an elderly women for a paint job • Ordered a resident to serve 30 days in jail for throwing a loud party at her home • The court said Redmond failed to disclose she knew some of the complaining neighbors and referred to the defendant’s home as a “flophouse” Redmond failed to impose reasonable punishment, allowed outside relationships to influence her judgment, and failed to act courteously Redmond did not follow the 8th constitution She set high fines and cruel punishments

6. Living the Constitution • Kevin Cooper has been on death row for nearly half his life • Judge William Fletcher of the Ninth Circuit Court of Appeals, a federal appellate judge was outraged by the decision to uphold Cooper’s death sentence • Might lead to the execution of an innocent man • There’s a growing number of federalist judges who are disagreeing with decisions to uphold death sentences • The main question: Is the death penalty a cruel and unusual punishment? • Debate whether it is or not • In this case: against death penalty • Because there can be Constitutional errors

7. Works Cites • Mount, Steve. "The United States Constitution ." The U.S. Constitution Online . N.p., 1995-2010. Web. 6 Mar. 2011. <http://www.usconstitution.net/ const.html>. • WorldNow, and WRCB. "Jail time reduced because of double jeopardy." WRCB. N.p.,      4 Mar. 2011. Web. 6 Mar. 2011. <http://www.wrcbtv.com/Global/ story.asp?S=14186516>. • "The United States Constitution ." The U.S. Constitution Online . N.p.,      1995-2010. Web. 6 Mar. 2011. <http://www.usconstitution.net/ const.html>. • Weiss, Debra Cassens. "Judge Censured for Excessive Bail, Severe Attitude." ABA Journal. N.p., 8 Feb. 2008 . Web. 6 Mar. 2011.      <http://www.abajournal.com/news/article/ judge_censured_for_excessive_bail_severe_attitude/>. • "A Cause for Dissent: The Death Penalty’s Cruel and Unusual Punishment ." The Defenders Online . N.p., 29 Sept. 2009. Web. 6 Mar. 2011.      <http://www.thedefendersonline.com/2009/09/29/      a-cause-for-dissent-the-death-penalty%E2%80%99s-cruel-and-unusual-punishment/>. • Mantel, B. (2008, April 18). Public defenders. CQ Researcher, 18, 337-360. Retrieved from http://library.cqpress.com/cqresearcher/