I am doing a history project and was assigned amendment 5, i need to find a court case which challenges this amendment, but i am having no luck, can someone help me please?
2007-10-05 06:54:03 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am in the 11th grade. Ive tried going online+in library books. still cant find anything
2007-10-05 06:59:56 · update #1
5th Amendment to the US Constitution
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.
If you would refer to the below weblink you will find several "case law" notes that talk about the issues which have been before the courts!
2007-10-05 07:13:12 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
Famous 5th Amendment Cases
2016-12-18 03:58:14 · answer #2 · answered by ferencz 4 · 0⤊ 0⤋
Challenged how? Usually, a constitutional court case comes up when someone claims that their right was violated. The government then will say either that no violation occurred at all, or that the particular constitutional right does not apply in the situation. There are hundreds of fifth amendment cases like this. The most famous case is Miranda v Arizona, regarding the right against self-incrimination.
If by "challenged", you mean that someone was questioning whether the fifth amendment itself is valid, that's something completely different.
Finally, the 5th amendment covers a whole lot of things;each part has been analyzed separately in court cases over 200 years. Is there particular right you are referring to?
2007-10-05 07:01:58 · answer #3 · answered by raichasays 7 · 0⤊ 0⤋
Miranda versus Arizona is probably THE fifth amendment case as it established that a person subject to custodial interrogation has to be advised of his fifth amendment right to remain silent and to have counsel appointed and/or present before, during, or after questioning.
If you put in the key words "Miranda" and "Arizona" into Google, you will find lots about it.
P.S. A court case like this does not challenge the Fifth Amendment, rather it sought to determine how it applied.
2007-10-05 07:12:08 · answer #4 · answered by floridaladylaw 3 · 1⤊ 0⤋
The Slaughter-House Cases, 83 U.S. 36 (1873), for the 14th Amendment.
2016-05-17 04:50:38 · answer #5 · answered by ? 3 · 0⤊ 0⤋
I just Googled it by typing "challenges against the 5th amendment"
a whole slew of things came up... a lot of books too... hope this helps
2007-10-05 07:05:53 · answer #6 · answered by eliminator_3 3 · 1⤊ 0⤋
I can't site a case but, some people think they do not have to testify, simply by claiming the 5th amendment. You can only use this to protect from incriminating Yourself, not to just refuse to testify.
2007-10-05 06:58:34 · answer #7 · answered by sensible_man 7 · 0⤊ 1⤋
There is a multitude of information on this site, including many cases about the 5th amendment.
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
2007-10-05 07:02:32 · answer #8 · answered by damo 2 · 1⤊ 0⤋
Can you tell us both what you have tried so far, and what grade you are in so we can give you the appropriate level of help?
2007-10-05 06:57:01 · answer #9 · answered by Barry C 7 · 0⤊ 0⤋
www.findlaw.com
2007-10-05 07:01:27 · answer #10 · answered by Anonymous · 1⤊ 1⤋