Double Jeopardy: The Fifth Amendment In The United States

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The Fifth Amendment Imagine, you are in a court of law where a judge is deciding if you are innocent or guilty of a crime. Where do you think the rights you have came from? Why do you think you have certain rights during a trial? You have these rights in court and in your everyday life because of the fifth amendment. This amendment outlines the rights of the people for their property and for those who may be on trial or charged with a crime. The fifth amendment had an extremely important meaning and purpose as well as a long and enduring impact to the United States of America. About the Fifth Amendment In http://www.law.cornell.edu/wex/fifth_amendment it outlines the fifth amendment and it explains the importance of it. For instance it…show more content…
It states “grand juries may make a presentment. During a presentment the grand jury informs the court that they have a reasonable suspicion that the suspect committed a crime.” What this means is when a person is charged with what is considered a capital crime, a grand jury must be convened to decide if there is reasonable evidence to support the guilt of the accused and warrant a trial. Double…show more content…
“The Fifth Amendment to the United States Constitution, provides that no person ‘shall be compelled in any criminal case to be a witness against himself.’ If, by answering, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse”. This means we cannot be compelled to testify against ourselves. This 5th amendment furthers our right by giving us the right to due process. If you review the article found at; http://public.getlegal.com/legal-info-center/5th-amendment/ it gives an informative definition of what due process means with regards to the fifth amendment. For example it states “The 5th Amendment states that no one may be deprived of life, liberty or property without due process of law. There are two types of due process: procedural and substantive. Procedural due process is based on the concept of fundamental fairness. Substantive due process, in the area of criminal law, means the government may not prosecute an individual for conduct that affects certain fundamental rights. The Supreme Court has said that fundamental rights include freedom of speech, freedom of assembly and the free exercise of religion.” For further details or explanations please see quoted

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