The Fifth Amendment and The Bill of Rights - 654 Words

Suppose someone witnesses a murder while attempting to steal a stop sign. If the witness is asked by a police official whether or not he or she committed the murder, he or she will say no. But if the witness is then asked what he or she was doing in the area at the time of the murder, he or she has the right to remain silent in order to protect him or herself from self-incrimination, a clause in the Fifth Amendment. The Fifth Amendment upholds the rights of United States citizens against government prosecution. Introduced to the Bill of Rights in 1789, the Fifth Amendment is a noteworthy amendment both during the past and in today’s world. The Fifth Amendment, along with the rest of the Bill of Rights, was proposed by James Madison, providing a way for the Founding Fathers of the United States to better protect the basic rights of people. Congress thought this amendment was necessary after the United States’ independence from Britain; not wanting to repeat the mistake t he monarchy had made –exploiting its citizens’ freedoms. Specifically, the Fifth Amendment secures many freedoms of people against unfair prosecution and investigation: a person cannot be put on trial for a serious crime unless a grand jury decides or if he or she is in the military; he or she cannot be tried twice for the same offense; and cannot be forced to testify against him or herself in a court case. Additionally, a person cannot be deprived of rights such as life, liberty, and property without aShow MoreRelatedCourt And Process : Constitutional Court989 Words   |  4 Pagesinsists that is in the faith amendment and it should be until the bill of right of the state government, and the federal government were unsure of the faith amendment was so clear. However, after the civil war the state of government made the fourth amendment that the state can’t take any bill of rights from the citizen. 2. Facts: The case began with John Barron when he sue the city of Baltimore, claiming that the city deprived him and his property in the fifth Amendment, says that government can’tRead MoreWhat is the Bill of Rights?1440 Words   |  6 PagesThe Bill of Rights Essay â€Å"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.I do not add ‘within the limits of the law because law is often but the tyrants’ will,and always so when it violates the rights of the individual† -Thomas Jefferson. The Constitution was created because of the ineffectiveness of the Articles of Confederation did not simply protecting the rights of the people which the Founding Fathers was concernedRead More The Importance of The Bill of Rights in Society Today Essay613 Words   |  3 Pagesto have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. â€Å"inalienable rights.† A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are t he First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment. The AmendmentRead MoreThe Bill of Rights: The Most Important Documents in American History1579 Words   |  6 PagesThe Bill of Rights is one of the most important documents in American history. Bills of Rights have been included in official documents for hundred of years; the Magna Carta, signed by King John in 1215, was known to contain provisions to protect certain rights within his kingdom (History of the Bill of Rights, 2012). While there was much debate regarding the inclusion of a Bill of Rights into the Constitution, Congress did not approve the inclusion of twelve Amendments, or Twelve Articles, untilRead MoreThe Fifth Amendment : Self-Incrimination In The Fifth Amendment1040 Words   |  5 Pagesof the Fifth Amendment is Self-Incrimination, stating â€Å"No person...shall be compelled in any criminal case to be a witness against himself....†. This clause specifies that a person cannot be forced to testify against himself or herself; yet, this does not limited polic e-interrogation. A testimonial through threatened loss of government employment or guilt from silence can be used as evidence. Witnesses and evidence must be presented during the trial. This is often known as taking the fifth. OneRead MoreThe Bill Of Rights : The Importance Of The Bill Of Rights1381 Words   |  6 PagesAmerica in order since 1789? That would be The Bill of Rights. The Bill of Rights is simply the first ten amendments. Written by James Madison, The Bill of Rights lists specific prohibitions on governmental power. The Bill of Rights was officially added into the constitution in 1791. The amendments are on display in the National Archives Museum. The First Amendment states that â€Å"everybody has freedom of speech, press, and religion.† The First Amendment allows us, as U.S. citizens to speak freely aboutRead MoreEffects of Slavery on America1594 Words   |  7 PagesAmerican history is the topic of slavery. Although agreements such as the Three-Fifths Compromise in 1787, and the Thirteenth Amendment in 1865 were adapted to reduce and outlaw slavery, it took many years for slavery to be completely abolished and allow blacks the freedom they had been longing for. The Three-Fifths Compromise was a agreement reached at the Constitutional Convention of 1787 in Philadelphia in which three-fifths of states’ slaves would be counted as representation regarding distributionRead MoreBill of Rights Essay1647 Words   |  7 PagesThe â€Å"Bill of rights† had been proposed as a follow up to Parliament’s original Habeas Corpus bill, which safeguarded personal freedom and liberty. Now just about every colony had a bill of rights, so James Madison suggested that if the United States was to survived as a a country it would need to have a set of rules versus thirtheen and every state would have the same rules. In 1789, James Madison proposed a series of legislative articles to the first United States congress, but the processes tookRead MoreFifth Amendment Privilege : Taking The Fifth1657 Words   |  7 PagesThe Fifth Amendment Privilege: taking the Fifth The Fifth Amendment is located within the constitution of the United States of America. It consists of five well know clauses. Amendment V states: â€Å"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 sameRead MoreThe Historical Roots Of The American Bill Of Rights1279 Words   |  6 Pageshistorical roots of the American Bill of Rights come from two concepts: liberty and republicanism. Both liberty and republicanism are intertwined. At their roots, they are regularized constructs designed to achieve a common objection: a check upon unbridled and arbitrary government power. Arbitrary arrests and imprisonment were feared by the eighteenth century Englishmen as the antithesis of liberty. (Garcia pg. 1) Two specific protections were perceived as vital to the right to an indictment and a jury