Thursday, February 27, 2014

Amendment V: Judge, Jury, and Judgement

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.

This amendment protects against certain rights that are always in contest or brought up. They are listed here:
(1) Protection from a government who might harass with malicious and fallacious courts
(2) No citizen can be subject to testify against themselves
(3) Due Process: government actions must always follow the rules and guidelines set down by law

A straight-forward, if not highly detailed, amendment, this particular portion of our constitution sees the most screen time in TV shows and movies. Pleading the Fifth, now a very common phrase, spread through the right to not be a witness against their selves. Miranda v Arizona (1966) was the landmark case that led to the extension of the right against a suspects' self-incrimination beginning at their arrest (and the reading of the Miranda rights).

Another, less popular section of this amendment is the protection of citizens' from deprivation of life, liberty, or property. This, however, only extends so far. For a specific example, Lochner v New York (1905) states that state law cannot force limitations on the number of house a business owner can require from his employees. This is a cut against this amendment and allows citizens' deprivation. What do you think about this? Comment and let me know.

Double jeopardy does not apply to Thanksgiving turkeys however.


Maybe the Colonel should have plead the fifth.

For more info about this amendment, check out a good history here.

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