November 3, 2011
5th Amendment- “Rights of Accused People- Due
Process and Protection of Property”
• Proposed- September
25 th 1789
•Ratified- December 15th,
• 12-23 people of legal age with no criminal record
• Decides if the crime is worthwhile to have a trial
• If the crime is going to court, The Grand Jury must
issue and indictment
*an indictment is a formal
• A person can’t be prosecuted twice for the
same crime, guilty or innocent
• Government must agree with the outcome
• Limits powers gov’t can abuse
• The gov’t has to make sure they make smart
• Why do they
have to be logical?
About the Amendment
• 5 Clauses:
– Grand Jury
– Double Jeopardy
– Self- Incrimination
– Due Process
– Eminent Domain
• Most ideas come from the Magna Carta
• You're innocent until proven guilty.
• You have the right not to answer questions if
they will get you in trouble.
• “Plead the Fifth”
• Exampled in Miranda vs. Arizona
• The gov’t cannot take your life, liberty, and
property without “a fair legal system”
• It’s a human right
• It basically means right to a fair and legal trial.
• What would happen if this didn’t exist?
• The gov’t can take your things
• They have to pay a reasonable price to
• For public use and public use only
• Blue Route
• Ideas in the Magna Carta
• King James I, King Charles I, and King James II abused their
• Citizens of England were angered, wanted to be punished
under law, not under kings’ orders
• Resulted in Habeas Corpus, meaning citizens were asked what
the did wrong before punishment
Miranda vs. Arizona
• Miranda was charged of various crimes
• Was not informed of his rights before interrogation.
• Case was appealed to Supreme Court
• Now criminals must be formally presented of their
rights before interrogation.
• Example of Self- Incrimination
Miranda vs. Arizona
• These are the Miranda rights:
» Right to Remain Silent
» Anything you say can be used against you.
» The right to an attorney
» If you cannot afford an attorney, one will be provided for
you, free of charges.
On a scale from 1-10…
• Without it, people wouldn’t approve of our
• The gov’t would be considered unfair to the
• Some gov’ts don’t have this, and the people
want this right.
"What is the Fifth Amendment to the US Constitution?" wiseGEEK. N.p., n.d.
12 Feb. 2011. <http://www.wisegeek.com/
"Miranda Vs. Arizona (1966)." PBS. N.p., n.d. Web. 10 Feb. 2011.
"The Fifth Amendment." Revolutionary War and beyond. N.p., n.d. Web. 9
"The Fifth Amendment." About.com. N.p., n.d. Web. 13 Feb. 2011.
Moglen, Eben. "The 5th Amendment"
The Constitution and its Amendments. 1999. Print.