The Fifth Amendment The Fourth Amendment - 1681 Words

Fifth Amendment The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. Pleading the Fifth is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn’t provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any†¦show more content†¦The Fifth Amendment protects each and every individual, not just citizens. Top most scholars taken this into consideration and stated that the Fifth Amendment which is familiar to almost every individual can be classified by breaki ng down into five distinct constitutional rights: †¢ Right to accusation of serious crime by the grand jury before any criminal charges for illegal crimes. †¢ A prohibition on double jeopardy. †¢ A right against forced self-incrimination. †¢ A guarantee that all criminal defendants have a fair trial. †¢ A guarantee that government cannot seize private property without making a due compensation at the market value of the property. In consideration when the Fifth Amendment originally applied only to federal courts, then during that time U.S. Supreme Court has incorporated partially the 5th amendment to all the states through Fourteenth Amendment which is the Due Process Clause. The incorporation of right to indictment by the Grand Jury has not been followed, right against self-incrimination, right against double jeopardy, and the protection against arbitrary taking of a private property have all been incorporated to the states without due compensation. Grand Juries Deeply-rooted in the Anglo-American tradition, the grand jury which was originally introduced a very long backShow MoreRelatedThe Fourth Amendment And Fifth Amendment1585 Words   |  7 PagesThe three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannotRead MoreThe Fourth Amendment And The Fifth Amendment Essay1594 Words   |  7 Pagesand the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searchesRead MoreFourth, Fifth, and Sixth Amendments to the Constitution Essay887 Words   |  4 PagesCJL 4064 Amendment Project As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700s. Today, in 2010, our country has developed in the use of language, our principles, and our overall society. After close examination of theRead MoreWhat is the Bill of Rights?1440 Words   |  6 PagesAmerican citizens. All ten Amendments in the Bill of rights are significant for protecting the right of the citizens but Amendment One the freedom of speech, religion, press, and petition, the Fourth Amendment gives the protection of unreasonable search and seizure without a search warrant, and Fifth protects the accused by protecting them from self incrimination, double jeopardy, and from depriving their life, liberty, or property without due process of law. The First Amendment gives citizens many freedomsRead MoreCybercrime Case Study Paper1123 Words   |  5 PagesCybercrime Case Study Paper The Fourth Amendment can be applied to the Internet, computer, and cybercrimes, but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data. If the data is content, which means any kind of communications such as email, or any remotely stored files on a computer system, then the information is protected by the Fourth Amendment. However, if the data is non-content information, such as IP address and email addressesRead MoreCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 PagesConstitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems. The Fourth, Fifth, and Sixth Amendment were evolutionary in an effort to protect the rights of the people of the United States. Authoring the three amendments gave way to an overhaul in theRead MoreConstitutional Protections in Criminal Investigations1401 Words   |  6 Pagesfamiliar with the Fifth Amendment due to the popular phrase â€Å"I plead the fifth,† which is used as a defense in trials. But what should be familiar are the protections that we might take for granted such as the protection from double jeopardy. This means that a person cannot be tried more than once for the same offense (Salky, 2010). When reading the Fifth Amendment it could be agreed upon that this is where the right to remain silent and the Miranda Rights emerged from. The Fifth Amendment reads: â€Å"NoRead MoreDrug Testing for School Athletes966 Words   |  4 Pagesstudent-athletes; however mandatory drug tests are a violation of the Fourth Amendment, the Fifth Amendment and drug testing reverses the legal principle of innocent until proven guilty. In order to protect the rights of the American people, drug testing student-athletes without suspicion and without sufficient evidence should not be introduced into school athletics due to the fact that it violates the Fourth Amendment and the Fifth Amendment of the Constitution. Without suspicion of drug use, schools cannotRead MoreThe Justice System Of The United States1040 Words   |  5 Pagesis served. To ensure citizens freedoms are protected and individual rights are guaranteed the Constitution of the United States was formed. Within the Constitution consists of Amendments. This paper will be discussing the fourth, fifth, and sixth as well how the Bill of Rights applies to the states via the Fourteenth Amendment. Additionally, it will discuss how the due process correlates to these protections. The due process ensures citizens rights and freedoms are protected. The court acts as aRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 Pagesprevalent, often creating controversy between the public and the police. Under democratically-inspired legal restraints, notably the Bill of Rights, the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution ensure the personal rights and freedoms of American citizens against certain police-related matters. The Fourth Amendment to the United States Constitution addresses the concept of unreasonable search and seizure, based on archives of the Constitution published by the