Fifth Amendment
American Political Institutions
Fawn Gibson
Fifth Amendment
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;
Fifth Amendment
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.
Fifth Amendment
The Fifth Amendment of the constitution
deals with the rights of criminal
defendants.
operates on the assumption that an
individual is legally innocent until proven
guilty
That it is better for a many guilty
individuals to go free than for an
innocent person to be falsely convicted.
Fifth Amendment
Double Jeopardy: This prohibits a
person be tried twice for the same crime
does not absolutely bar retrials in cases
of that apply both to state and federal,
and in the case of a hung or divided
jury.
Or in cases where a trail is voided
because the introduction of illegally
seized evidence or other indiscretions.
Fifth Amendment
Taking the Fifth
Individuals on trail choose to testify
or not at trail, but they can not
selectively use the Fifth
Amendment. Once on the stand
they cannot decline to answer the
questions that would incriminate
themselves.
Fifth Amendment
The nature of the due process
clause is arguably broader than
any other provision in the Fifth
Amendment.
Aim is for the general fairness in
the trail of defendants.
Fifth Amendment
Korematsu v. United States
a U.S.-born Japanese American man
who knowingly violate Civilian Exclusion
Order No. 34 of the U.S. Army. He was
arrested and convicted.
No question was raised as to
Korematsu's loyalty to the United
States.
Fifth Amendment
In 1984 overturned Korematsu's original
conviction.
there was substantial support in the
record that the government deliberately
omitted relevant information and
provided misleading information in
papers before the court .
Fifth Amendment
The U.S. Supreme Court has long
recognized the federal government’s
power to acquire private property for
public use.
Fifth Amendment
The power of eminent domain is limited:
“necessary and proper” in accordance
with the congressional powers stated in
Article 1, Section 8, of the Constitution
“Nor shall private property be taken for
public use, without just compensation.”
Fair Market Value must be given for the
property
Fifth Amendment
Kelo vs. New London
Transferring property from private
to public use, however, requires
government intervention in private
markets.