Bill of rights # 5

Joey salazar

Right Against Self-Incrimination

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 offense 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, about due process of law; nor shall private property be taken for public use, without just compensation

Court Case

The court was asked to decide whether racial segregation of public school children in Washington D.C, violated the due process clause of the fifth amendment. In a unanimous decision, the Court found that racial discrimination in the public schools of Washington D.C. denied blacks due process of law as protected by the Fifth Amendment. Noting the legal peculiarities of the District of Columbia, Chief Justice Warren recognized that the Fifth Amendment (which applied to the District) did not contain an equal protection clause while the Fourteenth Amendment (which was used as the standard for outlawing racial segregation in public education in Brown v. Board of Education) did. Lacking an equal protection standard to invalidate the District's racial segregation in public education, Warren creatively relied on the Fifth Amendment's guarantee of "liberty" to find the segregation of the Washington D.C. schools unconstitutional.

Amendment five scenario

Jake Jones was walking down the street one day and was jumped by a group of guys for his wallet. Jake Jones busted out of the group and shot all of them. He had already been filed innocent in his first trial because it was an act of self defense and he was not a witness against himself which is legalized in the fifth amendment. Jake Jones was later called back by the Grand Jury who was expected to give him the death sentence, but because the fifth amendment makes double jeopardy illegal, he didn't go to court