Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal rights must be upheld in the process of a trial. A person may not be treated unfairly relative to others with respect to his or her trial. In addition, the Fifth Amendment grants the right to fair compensation, whereby any private property that is taken for public use must by compensated for fairly. This works with respect to eminent domain in particular, where the government seizes property for the public good; the Fifth Amendment demands that the property owner be compensated for this seizure (CIN, 2011).
The different elements of the Fifth Amendment are important for a number of reasons. Related somewhat to the Fourth Amendment, the protection against self-incrimination protects citizens from being compelled or coerced into providing information to the government that could later be used against the individual. This clause arose from the common practice in both England and the colonies of using torture and deception to bring about damning evidence from the accused, in particular political and religious dissenters (JRank.org, 2011).
Taken together, the protections afforded by the Fourth and Fifth Amendments are essential to ensuring freedom...
The government must ensure that proceedings are brought against somebody on the basis of the specific case against them, and are brought only once. The case must be presented fairly and equitably. Evidence cannot be gathered through deceptive or coercive means, but rather by legal channels only.
These protections provide some limits to the power of government with respect to prosecuting those with whom the government disagrees. As such, they provide a legal barrier between citizens and their government. This barrier promotes freedom of thought and freedom of action to a greater extent than is realized in most countries. These Amendments may serve to weaken the government somewhat but strengthen the rule of law by ultimately holding accountable to high standard.
Works Cited:
Hornberger, J. (2005). The Bill of Rights: Searches and seizures. Freedom Daily. Retrieved May 2, 2011 from http://www.fff.org/freedom/fd0410a.asp
CIN. (2011). What is the Fifth Amendment? Criminal Information Network. Retrieved May 2, 2011 from http://www.criminalinfonetwork.com/fifth-amendment.htm
JRank.org. (2011). Fifth Amendement -- Self-incrimination case. Law.jrank.org. Retrieved May 2, 2011 from http://law.jrank.org/pages/6880/Fifth-Amendment-Self-Incrimination-Clause.html
Works Cited:
Hornberger, J. (2005). The Bill of Rights: Searches and seizures. Freedom Daily. Retrieved May 2, 2011 from http://www.fff.org/freedom/fd0410a.asp
CIN. (2011). What is the Fifth Amendment? Criminal Information Network. Retrieved May 2, 2011 from http://www.criminalinfonetwork.com/fifth-amendment.htm
JRank.org. (2011). Fifth Amendement -- Self-incrimination case. Law.jrank.org. Retrieved May 2, 2011 from http://law.jrank.org/pages/6880/Fifth-Amendment-Self-Incrimination-Clause.html
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008). Search and Seizure and Unlawful Arrest Issues: The fact pattern does not make clear whether or not the police actually
Amendments from the Bill of Rights in U.S. amendments 1st amendment 5th amendment 8th amendment Policy necessary for police investigators when interrogating suspect Type of crime Constitutional right upheld Rationale of the policy Evaluation of the policy Foreign policy dealing with the same issue Subject country Policy name in the country Components Evaluation of the policy Amendments from the Bill of Rights in U.S. 1st Amendment This Amendment has prohibited the making of any law with respect of religion establishment, obstructing a free practice of religion, reducing
Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of
Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home. Because of the Fourth Amendment, law enforcement officers are required to secure an official court order or warrant to search the premises, and that warrant must be based on probable cause. Although the Fourth Amendment does protect against the intrusion onto private property, there are several exceptions
amendments are an important part of the U.S. constitution and their effect on the legal system. Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorporate modern ideas and factual realities that might never have been imagined by the Framers. To date, some of the most important societal changes in the U.S. were directly attributable to specific
Stop and Frisk In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed