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thanks so much

2007-04-07 16:28:11 · 6 answers · asked by sylvia 1 in Education & Reference Homework Help

6 answers

The 5th Amendment is one of the most important parts of the Bill of Rights. Often it is referenced in context of the right never to self-incriminate, but it actually has much more to it.

Grand Jury - You are entitled to be judged under a jury of peers in a proper and civil court.

Double Jeopardy - You may never be charged twice with the same crime for the same incident. Once acquitted, always acquitted.

Self-incrimination - You need not answer any question which may have an answer that forms incriminating evidence, this is why we get lawyers.

Due Process - You must first be tried in a court of law before serving a sentence for any crime. This ensures that you will never be jailed without a chance to plead your case.

Eminent Domain - You will be compensated justly for any government seizures. (obviously this doesn't fly with the repo man, it only refers to when the government takes your property when you have not violated any laws and are not in debt.)



It's a long one, but think what it would be like without due process or the right not to self-incriminate. It would be like Guantanamo all over the country.

2007-04-07 16:42:05 · answer #1 · answered by killerdog1414 3 · 1 0

There are several provisions in the 5th amendment. One is a right to trial by a jury of one's peers. It also provides protection against Double Jeopardy. Vie this rule no court may try a person twice for the same crime. That is not however to be confused with preventing the state to retry a suspect for murder if they were found not guilty on the federal level. The amendment also provides that people are not required to testify or provide information that could potentially be self incriminating (unless previously granted immunity) and that confessions given during torture or while the suspect is intentionally by police misinformed are not admissable in court. The amendment additionally guarentees the right to due process, in other words a fair and speedy trial. It also allows the federal (not state governments) government eminent domain, which is the right to force people from private land for government projects provided the private owners are reasonably compensated.

2007-04-07 23:39:19 · answer #2 · answered by Kevin 5 · 0 0

U.S. Constitution: Fifth Amendment
Rights of Persons

Amendment Text:
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 offence 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.
http://criminal.findlaw.com/articles/1467.html


[The annotations are very, very long. It's a very popular Amendment. Click on the link and scroll down for topics. Good Luck.]

2007-04-07 23:36:59 · answer #3 · answered by Joe Schmo from Kokomo 6 · 0 0

Every person shall have equal opportunity for "Due Process" in other words we all have the right to be treated with fairness and justice in the event of a crimminal offense........
Below is a link with all of the ammendments..........
I my self am especially fond of the Ist amendment.
But each of them were given special thought with each possible case being allowed for. Below are 2 links that will help you in understanding what the United States of America is all about.
...........Cornell University Law .....
http://www.law.cornell.edu/constitution/constitution.billofrights.html
http://www.law.cornell.edu/anncon/


................Amendment V...............

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.

2007-04-07 23:49:02 · answer #4 · answered by LucySD 7 · 0 0

It protects against self-incrimination (pleaing the fifth) and double jeopardy which is you can't be tried for the same crime twice.

2007-04-07 23:38:43 · answer #5 · answered by trin 4 · 0 0

due process of law.

2007-04-07 23:34:24 · answer #6 · answered by Anonymous · 0 0

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