The Fifth Amendment

Ciera Williams

Fifth Amendment Stated in the Constitution

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 private property be take for profile use, without just compensation. Leavitt, Amie Jane. Bill of Rights in translation : What it really means. Mankato: Capstone P, 2009. Ebook.
Big image

Background of Fifth Amendment

The fifth amendment was made to ensure that the government cannot charge a person with a serious crime unless people from the community agree that the accused should stand trial for the crime. After they won their independence from a British Monarchy and Parliament had been accused of being undemocratic and tyrannical."Fifth Amendment." Gale Encyclopedia of Everyday Law. Ed. Jeffrey Wilson. 2nd ed. Vol. 1. Detroit: Gale, 2006. 479-484. Gale Virtual Reference Library. Web. 9 Dec. 2015.

Supreme Court Case

A. Re Marrige of Harris, 2001


B. California grandparent statute violated the Due Process clause of both the state and Federal constitutions as applied to a Mother, who opposed visitation between her child and parental grandparents after the trial court failed."Fifth Amendment." Gale Encyclopedia of Everyday Law. Ed. Jeffrey Wilson. 2nd ed. Vol. 1. Detroit: Gale, 2006. 479-484. Gale Virtual Reference Library. Web. 9 Dec. 2015

The Court's Decision and Rationale

The case failed because they thought that the mother would act in her child's best interest. They thought that the mom and grandparent's deserved visitation rights."Fifth Amendment." Gale Encyclopedia of Everyday Law. Ed. Jeffrey Wilson. 2nd ed. Vol. 1. Detroit: Gale, 2006. 479-484. Gale Virtual Reference Library. Web. 9 Dec. 2015
Big image