The Bill of Rights The Fifth Amendment

The Fifth Amendment — The Fifth Amendment to the U.S. Constitution 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. — The Fifth Amendment to the U.S. Constitution

What Does it Mean? Using the Worksheet in front of you, we will go through what the 5th amendment means.

The law that a legal case must be done in a way that protects the rights of all the people involved Due process refers to the proper process or procedure that ensures that the government acts fairly when dealing with its citizens. Due Process

The Right to silence warning given by police in the United States of America to criminal suspects in police custody. The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination Miranda Rights

Presentment - A formal presentation of information to a court Witness - A person who sees an event, typically a crime or accident, take place Compensation - Something, typically money, awarded to someone as a recompense for loss, injury, or suffering Vocabulary

Think About It... Do you think these due process rights are important? Why or why not? Are some of these rights more important than others? For example, couldn’t a person be his or her own lawyer if he or she can’t afford one? What might be the problem with that? Why not just get rid of juries and have a judge always decide if defendants are guilty?

Scenarios Worksheet The 5th Amendment says the government cannot “compel (or force a person) to be a witness against himself”. Read the following real-life cases and decide whether the government have compelled the person to be a witness against himself or herself. Directions: Read each of the following real-life cases. Check YES if you think the person has been compelled/forced to be a witness against himself. Check NO if you think he has not. Then, explain your answer.