The Fifth Amendment protects against unfair treatment in the legal processes, and from the government abusing their power. The fifth amendment states "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."(Bill of
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The Fifth Amendment was written to protect the rights of individuals against tyrannical government. When a citizen went to court said person would have to answer any and every question thrown at them. The court wouldn’t even have to tell the prosecuted what the charge(s) where and what evidence was collected. So the ‘guilty’ citizen would think they wouldn’t need a lawyer and could end up self-incriminating themselves. The government could also torture one and one could be automatically guilty if they had remanded silent. On December 15th, 1791 the amendment was put into the bill of rights, with the Fifth Amendment the government couldn’t force citizens to testify against themselves. It also played a big part in the Supreme Court case Miranda vs. Arizona in 1966. The police have to read the citizen there Miranda rights, if they don’t any confession you give the officer can’t be used against …show more content…
In the 1900’s several things where changed, one being curfew regulations do not violate the law. The changes occurred in 1943 stating, boundaries would be set and a curfew would be put In place that citizens had to abide by. The court ruled that this was not a violation to the amendment. Another change being organizations do not have the right to self-incriminate, forcing withhold of any papers or records if your business is under investigation as illegal. The Fifth Amendment was made to protect individuals or citizens, it was not made to protect organizations or businesses. Also, the government can take private property. The government didn’t want to get rid of emanate domain, therefore they put this into what’s now referred to as the Fifth Amendment. The reasoning for this was that they needed to be able to fulfil their duties to the people and that their goal is more important than the inconvenience of the people. Also, Prior notice and a hearing are required before the government can take your land. Due process requires a hearing before one is deported. This gives time and notice to anyone who is under investigation by the Immigration agents. The government says if they do not hold a trial it’s depriving them of liberty. A huge one, a citizen has the right to remain silent. Stating one does not have to answer any of the questions they ask you, but if one decides to answer their
The Fifth Amendment was written to protect the rights of individuals against tyrannical government. When a citizen went to court said person would have to answer any and every question thrown at them. The court wouldn’t even have to tell the prosecuted what the charge(s) where and what evidence was collected. So the ‘guilty’ citizen would think they wouldn’t need a lawyer and could end up self-incriminating themselves. The government could also torture one and one could be automatically guilty if they had remanded silent. On December 15th, 1791 the amendment was put into the bill of rights, with the Fifth Amendment the government couldn’t force citizens to testify against themselves. It also played a big part in the Supreme Court case Miranda vs. Arizona in 1966. The police have to read the citizen there Miranda rights, if they don’t any confession you give the officer can’t be used against …show more content…
In the 1900’s several things where changed, one being curfew regulations do not violate the law. The changes occurred in 1943 stating, boundaries would be set and a curfew would be put In place that citizens had to abide by. The court ruled that this was not a violation to the amendment. Another change being organizations do not have the right to self-incriminate, forcing withhold of any papers or records if your business is under investigation as illegal. The Fifth Amendment was made to protect individuals or citizens, it was not made to protect organizations or businesses. Also, the government can take private property. The government didn’t want to get rid of emanate domain, therefore they put this into what’s now referred to as the Fifth Amendment. The reasoning for this was that they needed to be able to fulfil their duties to the people and that their goal is more important than the inconvenience of the people. Also, Prior notice and a hearing are required before the government can take your land. Due process requires a hearing before one is deported. This gives time and notice to anyone who is under investigation by the Immigration agents. The government says if they do not hold a trial it’s depriving them of liberty. A huge one, a citizen has the right to remain silent. Stating one does not have to answer any of the questions they ask you, but if one decides to answer their