fifth amendment

Anthony Drumgoole

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; 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.

The Fifth Amendment is something of a condensed Bill of Rights itself, the most all-encompassing amendment in the Bill of Rights. At first glance the amendment appears to be concerned with fairly technical legal issues. But, in fact, the Fifth Amendment’s five clauses provide some of the Constitution’s broadest and strongest protections against government abuse of power.

Big image

the amendment background

Tension between Great Britain and its colonies in America in the middle of the eighteenth century eventually led to the outbreak of the American Revolutionary War in 1775. By 1783 the thirteen American colonies had won their independence from the British Empire. The colonies united under the terms of a document known as the Articles of Confederation.

court case 2003


Pennsylvania (2003), the Supreme Court ruled that a state did not violate the double jeopardy clause when it allowed a second jury to sentence a defendant to death after the defendant’s first jury had deadlocked (been unable to reach a verdict) after 31.5 hours of deliberation on the punishment phase. The first jury had found the defendant guilty but deadlocked in the punishment phase—determining whether the defendant should receive life imprisonment or death. An appellate court later reversed the underlying conviction, and the state retried the defendant. At his second trial, the jury found him guilty and sentenced him to death.



The Supreme Court found that this did not violate the double jeopardy clause.

my opinons on the case decisioin

I say they are right because he did do the same crime twice so the call of double jeopardy is right

cite

Fifth Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Gale Virtual Reference Library. Web. 10 Dec. 2015.