The 5th Amendment

Jessica Truong, 12/10/14, Period 1

Amendment V

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

Court Case

In 1833, Barron vs. Baltimore. Court found out the city of Baltimore didn't have to pay for damages done to private property of Barron's, during construction. They used Barron's private property as public use. Outcome was that the Bill of Rights didn't extend (apply) to the states. Government also decided if the Bill of Rights would soon be extended to all state governments.

Court Case Scenario

John was taken to court. When he got there, he was being bombarded with questions. The court said the death of a man was mysterious, so they went to John because he was a massive gun collector who had a hunting license, that lived in the same area as the man. The court continued to force him to answer the questions. He answered them as they wanted him to. What John didn't know was they were violating his rights. The court forced him to answer questions, which can lead to self-incrimination. It had violated the Fifth Amendment, because answering questions that can lead to court, jail, etc. or exposing himself to the crime, is self- incrimination.

Citations

Brezina, Corona. Fifth Amendment : Double Jeopardy, Self-incrimination, and Due Process of Law. New York: Rosen Central, 2011. Ebook.

"Barron v. Baltimore." TheFreeDictionary.com. N.p., n.d. Web. 11 Dec. 2014.

"Featured Sponsors." The Daily Sheeple. N.p., n.d. Web. 11 Dec. 2014.

"Fifth Amendment |." Glogster. N.p., n.d. Web. 11 Dec. 2014.

"5th Amendment Cartoons and Comics." - Funny Pictures from CartoonStock. N.p., n.d. Web. 11 Dec. 2014.