Fifth Amendment

Definition

The Fifth Amendment to the United States Constitution 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 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 guarantees Americans a level of privacy and protection from undue government intrusion. The government has the power to deprive you of your right to freedom but only after certain following a certain due process. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.

Example

Questions

1. Identify the different rights protected by the The Fifth Amendment.

2. Identify any times The Fifth Amendment has been in the news this year.

3. From what does The Fifth Amendment protect Americans?

4. Are there occasions when search and seizure is legal/constitutional?

5. Do you think the United States would be better off without The Fifth Amendment?

6. Some say that The Fifth Amendment only protects guilty people, and so we should get rid of it. What do you think of this argument?

7. Use The Fifth Amendment in a sentence of your own design or select an emoji that encapsulates the meaning of The Fourth Amendment.

8. What would the U.S. be like without The Fifth Amendment?

9. How has The Fifth Amendment changed the U.S.?

10. If you had to rank the 10 amendments of the Bill of Rights from most to least important, where would The Fifth Amendment rank?

11. Identify the most important Fifth Amendment cases you have studied this year.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw The Fifth Amendment! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Further Review

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