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Thursday, October 28, 2010

Amendment 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 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



One of the major parts of the fifth amendment is the protection against double jeopardy, or being charged for the same crime twice. This is a right that the colonists did not have under British rule, and something that the writers of the bill of rights wanted to ensure in the future. The movie poster above is about a woman who is framed for the murder of her husband, however he is still alive. When she gets out of prison, she realizes that she cannot be tried for his murder because of her fifth amendment right protecting her from double jeapordy. She then attempts to actually murder her husband. Of course in the real world, cases are typically not this extreme, however the amendment is still a very important part of our legal system. It ensures that a person would not be ruled innocent in court, and then tried over and over again until proven innocent. This amendment is also the basis of the Miranda rights, based on Miranda v Arizona in 1966. This basically requires officers to inform the suspects that they have the right to remain silent, or not compelled to bear witness against themselves. This amendment is the basis for many freedoms we enjoy in our legal system today.

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