The 5th Amendment

By: Grace Barber-4th block-12-10-14

The 5th amendment as it is in the Bill of Rights.

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 the 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.

Miranda V. Arizona court case

Miranda was arrested at his home and identified by a witness. He admitted to rape and armed robbery after he even heard that he "had the right to remain silent." he was found guilty and sentenced to 20-30 years of prison. The supreme court said that his constitutional rights werent violated in obtaining his confession.

My scenario

Brown v. Texas

Samantha Brown was skipping school to go to the mall with her mother. While they were walking into the building they witness a car accident. They are asked to stay as witnesses and tell what they saw that the court the judge asked where they were and what time it had happened. the judge asked why Samantha wasn't in school. She had the right to remain silent. The judge got Samantha in trouble when she didn't answer. Samantha's mother went to another judge and presented Samantha's case. The judge ruled the case as a violation of the 5th amendment.

My sources

--Leavitt, Amie Jane. Bill of Rights in Translation : What It Really Means. Mankato: Capstone, 2009. Ebook.

--"Fifth Amendment." USCOURTSGOV RSS. N.p., n.d. Web. 11 Dec. 2014.

--"LII: Supreme Court Collection." LII: Supreme Court Collection. N.p., n.d. Web. 11 Dec. 2014.