Fifth Amendment IQ
The Fifth Amendment
The focus of the Fifth Amendment is “due process of law.” This phrase means that the government and courts must act fairly by following rules and established procedures. In essence, this amendment protects the accused from harassment by both the government and the court system.
The text of this amendment reads, “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 offence 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.”
What year was the Fifth Amendment ratified?
What right is protected under the Fifth Amendment?
Freedom of speech
Right to privacy
What does a grand jury decide?
If there is enough evidence to charge someone with a crime
If a person is guilty
If a person owes money
What is “double jeopardy”?
A person must serve a double sentence in jail.
A person cannot be tried for the same crime twice.
A person can have two different witnesses speak on his behalf.
What does it mean to “Plead the Fifth”? (See Clause Three.)
An accused person can ask for a lawyer.
The accused does not have to be a witness against himself, he can remain silent.
The accused can ask for one phone call from jail.
What does “due process” mean?
There are rules and procedures the government and courts must follow.
The accused must pay court fees.
When can our government take someone’s private property?
Whenever it wants to
For public use; must pay fair market value
What was the ruling in Miranda v. Arizona (1967)?
The court must appoint a lawyer for the accused.
The accused must be informed of their rights.
According to the Miranda warning, what two main rights does an accused person have?
A clean jail cell, and an attorney
To remain silent, and to have an attorney
A phone call, and visits from family
The Fifth Amendment states that the accused cannot, “...be deprived of ______, ______, or ______, without due process of law."
money, property, life
life, liberty, property
property, freedom, life
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