Amendment 5 essays

Amendment 5 essays The Fifth Amendment dates back to the seventeenth century. It was first used in England to protect their citizens. The Fifth Amendment is designed to protect us basically the same way the English used it to protect them. The Fifth Amendment requires indictment by a grand jury on a federal offence unless the person is in the military and they commit a war crime during wartime. An indictment by a grand jury means that the jurors agree that there is sufficient reason to hold a trial. The Fifth Amendment gives all citizens accused of major crimes the right to have their cases contemplated by a grand jury before being brought to trial. The Fifth Amendment also provides protection against double jeopardy and self-incrimination. The Fifth Amendment also forbids deprivation of life, liberty, or property for public us without just compensation. That means the government cannot throw you in jail unless you have first been taken to a fair trial and you have been found guilty. It also means they cannot take any private property from a person without paying them in one way or another. The right to refuse to answer questions in any government proceeding, on the grounds of possible self-incrimination is also included in the Fifth Amendment. So, That means if you are questioned, you do not have to answer any questions they may be turned against you in court and you may also have an attorney present at all times of questioning. In the late eighteen hundreds and early nineteen hundreds the fifth amendment was "tried" several times. In the case of Hurtado v. California (1884). Instead of the District attorney properly getting a indiction by a grand jury he simply "filed for an information against Hurtado, charging him with murder." He was found guilty of this murder. The state upheld the conviction, so Hurtado was forced to appeal to the Supreme Court, arguing that the due process clause required a grand jury indictment. The Supreme ...