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5

gavel animation

 

Amendment 5

Trial and Punishment, Compensation for Takings

 

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.

Vocabulary:

 

Try the Amendment 5 & 6 Vocabulary Quiz

Rewrite Amendment in your own words in the space below. Print it out and give it to your instructor or teacher or copy and paste it into an e-mail to send him/her.

Discussion Questions:

  1. What does it mean to "take the fifth"?

  2. Look up the term "writ of habeas corpus". How does it apply to this amendment?

  3. This amendment defines how a person is to be treated when accused of a crime. Are these provisions fair or should they be stricter or less strict?

  4. The provisions of this amendment are sometimes debated in times of war. With the current continued war on terror, what do you think the rights of suspected terrorists should be?

  5. How should these laws be applied to minors or children? Should schools follow these same provisions?

  6. Watch a crime show on television and report to the group how this amendment was applied during the show to any criminal proceedings.

  7. One of the most famous phrases in the criminal justice system is the Miranda warning that starts with the words "You have the right to remain silent...". How does the Miranda warning apply to the Fifth Amendment? Look up the Fifth Amendment and the Miranda warning to learn more about this famous case.

 

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