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The Fifth Amendment Is An Old Friend And A Good Friend. Do You Agree Or Disagree With That Assessment Of The Fifth Amendment? Why?

471 words - 2 pages

I do agree with the above statement because of what the Amendment stands for and protects. I personally am a believer in the old adage that's its better to let one thousand guilty go free than to convict an innocent man and the Fifth amendment lines up with my beliefs. This is an amendment that's about protecting the common man from a potentially cold government and tyrannical government. It guarantees a certain level of civility from the court system towards those being tried.The Fifth Amendment basically states five of a somewhat related yet diverse nature. "No person shall be held to answer for a capita, or ...view middle of the document...

Double Jeopardy states "Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb". Double Jeopardy means no one can be tried for the same crime twice.Next it states "Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property" The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence. Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings. The Fifth Amendment prevents individuals from being punished without "due process of law." Due process extends to all persons (including aliens) and corporate entities. The last statement speaks on eminent domain. It states "Nor shall private property be taken for public use, without just compensation". Each state has eminent domain, that is to say, the power to take private property. The Fifth Amendment provides that private property may only be taken for public use if just compensation is paid.One of the major reasons for the installation of this amendment in the constitution dealt with the Framers past experiences in relation to England. Many of the Framers had experienced first hand the tyranny of an English king and the harmful effects of a lack of democracy.

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