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Paper Topic:

5TH AMENDMENT

Running head : FITH AMENDMENT

Fifth Amendment (name (school (professor (subject

Abstract

The Miranda v . Arizona case relates to the Fifth Amendment as the precedence provided by the said landmark case are now integrated in the United States constitution . The Fifth Amendment imposes certain procedural and legal rights of individual

Fifth Amendment

The United States Constitution 's Fifth Amendment states 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 , 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 (FindLaw , n .d

The Fifth Amendment imposes certain procedural and legal rights of individual (Answer .com , n .d . Firstly , the accused 's right to be indicted by a grand jury . The right of a grand jury is founded in the civil and common law . Grand jurors are chosen from the population of the geographical area ministered by the specific court and their duties are not impeded by strict evidential and procedural rules . Grand jurors are allowed to function on their own wisdom and are free to generate their indictments and presentments on such direction as they believed satisfactory . The meaning of capital punishment or infamous crime in the Fifth Amendment simply implies the nature of the judgment which may be imposed . Confinement in a penitentiary or state prison , coupled with or absence of hard labor , or confinement at hard labor in the District of Columbia 's workhouse , falls within the said classification (FindLaw n .d . The safeguard of incrimination by grand jury stretches to all persons except individuals working in the armed forces as they are subject to court martial instead of jury trial or indictment by grand jury . Even under the service connection rule , it was ruled that crimes against laws of war , either perpetuated by alien enemy combatants or by a citizen , could be presided by a military commission (FindLaw n .d

Secondly , the constitutional protection against double jeopardy ' was framed to safeguard a person from being exposed to the dangers of trial and possible conviction for an imputed crime more than once . The clause mentions of being place in jeopardy of life and limb ' commonly attributed to the potentiality of capital punishment upon conviction but it is settled today that the clause safeguards with respect to every information and indictment charging a person with a defined and known misdemeanor or crime , whether at the statute or common law . Because one principal intention of the clause is the immunity against the cumbersome of multiple trials , a defendant who loses or...

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