5th amendment essay.docx - De Leon 1 Elias De Leon...

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De Leon 1Elias De LeonProfessor ShupeGovernment 12 November 20195th amendmentThe amendments were added to the Bill of Rights in order to guarantee the protection of citizen’s rights. These amendments provide the citizens with a written and authenticated list of their rights.The fifth amendment protects many rights regarding criminal and civil legal cases. This amendment sets Constitutional guidelines for police procedure. The fifth amendment was ratified and added to the Constitution in the Bill Of Rights on December 15,1791. The fifth amendment discusses subjects such as grand jury, self-incrimination, double jeopardy, due process, and eminent domain. The grand jury decides if the case needs to be followed with a trial. After observing all of the evidence given, the grand jury decides if the person will be charged with a crime. When the grand jury chooses to charge the person with a crime, an indictment will be issued and a trial willbe held. The grand jury is only used when the punishment is extreme such as life in prison or the death penalty. The history of the grand jury can be dated back to 1166 issued by King Henry. A group of men were assembled to inform the king when they suspected a person of committing a crime (Robin 2006). The accused would be automatically arrested and put on trial. There were many different ways a trial would be held in this era. For example, there was a “trial by water”, in which the jury would submerge the accused in a pond and if the accused floated to the top they were believed to be guilty. It was believed that the accused were guilty because they were possessed by Satan and that is how the person “defied gravity” (Robin 2006). The Framers of the
De Leon 2Constitution created many grand juries to accuse British soldiers and indict them on crimes against the citizens because they refused to charge colonists with crimes based on British policy (Rosenblatt 1991). Therefore, the fifth amendment was added to the constitution stating that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”. This clause states that all federal prosecutions must be brought to the grand jury before the trial is held if it is a serious crime. However, the states are

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Term
Fall
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Tags
Fourteenth Amendment to the United States Constitution, Miranda, Fifth Amendment to the United States Constitution

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