Admendment 5

Bill of rights No.5

Number 5

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.

Court Case

In Coker v. Georgia, only a year after Gregg, the court held that the death penalty was a cruel and unusual punishment for rape. Every death sentence imposed for the rest of the century would be for murder. But what about a defendant technically guilty of murder who was not the actual killer? ... Now it became a constitutional question: Was it cruel and unusual to execute the accomplice? In 1982 the court held that it was, by a 5-4 vote; in 1987, after Justice (Byron) white switched sides, the court held that it was not, also by a 5-4 vote (Enmund v. Florida, 1982: Tyson v. Arizona, 1987)

Bill of Rights scenario

There was a man who killed somebody. He was taken to the Jury and was asked questions. When the jury finished asking him questions. The jury said that he need to be electrocuted. Everybody agreed, but there are a few people who disagreed and said it cruel. The jury said it was cruel to kill someone. The group of people said to jail him, but the jury already made up his mind to electrocute the man. People thought about it again, and they said it was too cruel, they sided with the group, so the jury had to put him in jail instead of electrocuting him