Content of 5th amendment and 5th amendment Court Cases
The 5th amendment to the U.S constitution was ratified on 15th December 1791 and is one of the first ten amendments and is also among the ten Bill of Rights.
The 5th amendment court cases reveal that if there is an unjustified decision and the accused are deprived of their fifth amendment rights, then the convicted has the right to have justice, and the supreme court can overturn the decision.
The fifth amendment, in a criminal case:
Guarantees the right to a grand jury: No one shall be forced to answer for an infamous crime (felony) unless grand jury indictment. The grand jury clause excluded the cases originating in inland or naval force, or the militia, during service time of war or public danger.
The indictment of the grand jury is not a compulsion of a misdemeanor crime. So, what is a misdemeanor crime? Misdemeanor crimes are the less severe crimes not tending to cause harm to life and property.
Forbids Double Jeopardy: No one shall be punished twice for the same crime. It also prohibited multiple punishments for the same crime.
Protects Against Self Incrimination: In a criminal case, the accused shall not get forced to answer any question that he/she thinks can go against him/her.
Due Process of Law: No one shall get deprived of life, liberty, or property without due process of law.
Justified Compensation: The government cannot take over anyone’s private property for public use without giving justified compensation.
Know more about misdemeanor Here
Examples of 5th Amendment Court Cases:
Miranda v. Arizona: This case is the consolidation of four cases, and in every case, the defendants were interrogated, asked questions using different techniques, and got cut out of the world. During the interrogation, the officials did not inform the accused of their fifth amendment rights, and hence the defendant confessed the guilt.
On 13th March 1963, Ernesto Miranda was arrested for kidnapping and rape. After two hours of interrogation, the police got a written confession from Miranda. The admission was presented during the trial despite the defense attorney’s objection that Miranda was not advised of his right to have an attorney during interrogation. Miranda was found guilty and was punished.
Later, on appeal, the Supreme Court of Arizona ruled that the officials did not violate Miranda’s constitutional right as he did not ask for counsel.
The Supreme Court of the U.S ruled that the defendant’s interrogation violated the 5th amendment self-incrimination clause. The defendant was to be informed of the right to an attorney during interrogation.
Heath v. Alabama: In 1981, Larry Gene Heath hired two men to kidnap and kill his pregnant wife. And through investigation, Georgia Authorities arrested Heath, and he waived his Miranda rights and confessed, and hence Georgia pled him guilty.
On indictment of a grand jury in Alabama, Heath argued that his conviction and sentencing in Georgia barred any prosecution in Alabama. The trial court rejected his claim and found him convicted. Then the Supreme court of Alabama did the same.
The U.S supreme court ruled that the 5th amendment’s double jeopardy clause does not prohibit two different states for separate prosecution and conviction of the same individual for the same crime.
Green v. the United States: In this case, the petitioner was indicted and tried for first-degree murder in federal court. On instruction by the judge, the jury could find him guilty for first or second-degree murder, and the jury found him guilty for second-degree murder. The judge accepted the verdict, and the petitioner was sentenced to imprisonment.
On his appeal, the conviction was reversed, and on remand, the petitioner was tried for first-degree murder and sentenced to death.
The petitioner’s second trial for the first-degree murder placed him in double jeopardy, which violated the fifth amendment, and the conviction got reversed.
When the jury was discharged after his first trial and hence could not be retried for the same offense, so petitioner’s jeopardy for first-degree murder came to an end.
Summary:
The 5th amendment to the U.S. constitution works to protect the accused’s rights and give them a fair chance to have a justified decision. The 5th amendment court cases emphasize that government officers cannot violate the rights mentioned in the fifth amendment in any condition.
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