Fifth Amendment

In: Other Topics

Submitted By blaine
Words 2369
Pages 10
Analysis of the Fifth Amendment
Katrina Krolak, Katia Denis and Dan Mullen
The University of Phoenix
U.S. Constitution
HIS 301
Georgia Mc Millen
March 17, 2008

Introduction

The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference.
The Fifth Amendment
“No person 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.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms.
The Fifth Amendment specifically protects the citizen from self-incrimination, seizure of property, guarantee of due process of law in indictments, seizures of property and assurances of life and liberty in a free world. (Head, 2008, page 1). Amendments were symbolic additives to the constitution that eventually required two-thirds consensus by both houses of Congress and ratification or approval by three- fourths of the states legislatures. (Head, page…...

Similar Documents

The Fifth Enlargement

...The Fifth Enlargement To begin the European Union is the economic union of European countries in order to facilitate freer trade and movement of capital, goods, services, and human labor across the continent of Europe. Currently, the European Union consists of 27 countries and works/governs itself to form a single working European market. The quote “The Fifth Enlargement of the EU is now complete” the ascension of the last two (Bulgaria and Romania) of the 12 total countries of the Fifth Wave of admittance into the European Union. Firstly enlargement of the European Union diffidently has its benefits. In theory the enlargement of the European Union opens up the Union to new and profitable markets in which they can buy, sell and trade more freely. We see therefore, the benefits to the enlargement of the European Union are very similar to some of the benefits of globalization in the whole. Like-wise concerns with the EU expansion can also be seen as concerns over globalization on the whole. For example the opening of emerging markets allows for product to be produced cheaper abroad then domestically. For the more prosperous EU members this could mean the outsourcing of domestic jobs to EU members with cheaper wages and input costs. Some of the more intrinsically unique concerns regarding the EU expansion come via the form of free travel within EU borders. In the terms of the travel an EU citizen is able to go from country to country freely as they please...

Words: 989 - Pages: 4

The Fifth Discipline

...Sacha Kagan Master CE&CE 2003 page 1 Instructor: Dr. Noordman Seminar: City-Marketing Book review: Peter Senge, The fifth discipline Introduction, or why we should listen to Peter Senge In the seminar on City-Marketing, Noordman insisted on the need for a city to develop its own effective organization climate. A city always has an organization climate, but is not often aware of it, and therefore can have a hard time improving its identity and its image. Senge, in The fifth discipline, helps us understand how we can effectively change the underlying assumptions, the values and norms and some behavioural patterns altogether. Moreover, this is not just about changing the organization climate for a better one. It goes well beyond identifying and fixing the short-terms problems a city faces: Senge leads us to change radically the way we think, so that cities can build sustainable organization climates. Truly understanding the principles of the learning organization will even drive us further than building organization climates for effective city-marketing… because city-marketing is merely a part of the whole issue of city-management and city-policy. I have thus to say right ahead, that I will not oppose any of Peter Senge’s fundamental ideas. I rather will insist on how essential his insights are, in order to avoid the misgivings of traditional modernistic thinking, which is too linear and fragmented to help us understand complex systems like cities. We will follow the......

Words: 5357 - Pages: 22

Amendment of Bangladesh

...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely......

Words: 3438 - Pages: 14

5th Amendment

...violation of his Fifth Amendment right because he was clearly guilty. Not only did the woman he had taken advantage of identify him in the lineup, but the fact that he had been previously arrested simply gave it away he understood his rights even though he had not been informed of them at the time of the most recent arrest. Therefore these two pieces of evidence and his confession had made his whole idea to attempt to appeal a complete joke since he was clearly guilty. I feel like the Fifth Amendment is definitely necessary because there are some innocent people who could easily be intimidated into confessing to a crime they did not commit. While this is not a real life example it’s something the class could somewhat relate to or at least understand since we’ve been reading Frankenstein by Mary Shelly. Poor Justine had been pressured by those interrogating her to falsely confess to murdering poor little William. Had she been entitled to the right against self incrimination, she could have said I plead the fifth and it would have been dropped. This amendment also helps undercover FBI agents to keep from blowing their cover while on a job. For example if an undercover agent pretended to be dating a suspect, and she was called to the stand during his trial, if the question what is your full name had been asked the agent could plead the fifth because if she said her alias, she would be committing perjury. However, in this specific case, I feel like upholding the Fifth......

Words: 806 - Pages: 4

Fifth Business

...Erio Zucchet Mrs. Zakowski ENG 3U1-07 Monday, May 30, 2011 Fifth Business: Origin, Nature and Burden of Guilt In Robertson Davies’s Fifth Business, the concept of guilt is an important component in the development of many major characters within the novel. Guilt is defined as a feeling of responsibility for some offense or crime. Throughout the novel, Robertson Davies utilizes the motif of guilt in order to express the feelings of certain characters. He also employs the logic behind their decision-making. The concept of guilt influences many characters, especially in the lives of Percy Staunton, Paul Dempster, and Dunstable Ramsay. The way in which these characters cope with the guilt they have combined in their lives, is also an essential part in their rebirths. In Robertson Davies’s Fifth Business, the concept of guilt directly influences the events, characterizations, decisions, and transformations of Percy Staunton, Dunstable Ramsay and Paul Dempster. The element of guilt proves to be properly portrayed through the description of Percy Staunton. Percy Staunton is an important figure in emphasizing the importance of guilt within the novel. It is also a prime example in showing how guilt influences a person’s decision-making process. During the first stages of the book, guilt is introduced when Percy throws a snowball at Dunny, which ends up hitting Mrs. Dempster. This shows the reader the......

Words: 1210 - Pages: 5

Tax Amendments

...[Year] [AMENDMENTS VIDE FINANCE ACT, 2010 ON “DIRECT TAX” ] [Amendments vide Finance Act,2010 are applicable for June 2011 and December 2011 terms of Examination] AMENDMENTS vide FINANCE ACT, 2010 on “DIRECT TAX” Tax Rates Rates of Income - Tax for Assessment Year 2011-12 1.1 (A) For woman, resident in India and below the age of 65 years at any time during the previous. Upto Rs. 1,90,000 Rs. 1,90,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Nil 10% 20% 30% 1.1 (B) For an individual (man or woman), resident in India who is of the age of 65 years or more at any time during the previous year. Upto Rs. 2,40,000 Rs. 2,40,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Upto Rs. 1,60,000 Rs. 1,60,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Surcharge: NIL Education Cess (EC): Education Cess at the rate of 2% on income-tax shall be levied. Secondary and Higher Education Cess (SHEC): “Secondary and Higher Cess (SHEC) on income-tax: at the rate of 1% of income-tax in all cases shall be levied. Nil 10% 20% 30% Nil 10% 20% 30% 1.1 (C) Individuals, [other than those mentioned in para 1.1(A) and (B) above] HUF, AOP/BOI (other than co-operative societies, whether incorporated or not) Directorate of Studies, The Institute of Cost & Works Accountants of India Page 2 AMENDMENTS vide FINANCE ACT, 2010 on “DIRECT TAX” 2. Other Assessees: Assessee Rate of Tax 30% Education SHEC Surcharge Cess 2% on income......

Words: 8428 - Pages: 34

The Fifth Agreement

... The Fifth Agreement Instructor: Amy Tucker BBUS 272-03 Youth just like a river going to ocean, and never coming back. Before the river move in to the ocean, it issues the final roar. Time back to five years ago, the first time I was landing in this beautiful country. I was having a lot of dreams, and though I would have a big success in my new university; however the things was not going to the right that I was thinking. I was a student in the program of the Respiratory Therapy, and I finished my first year courses. After I finished my courses, I became vanity, blindness, and relaxation. Last fall semester, I backed to university, I cannot follower the courses anymore, and I failed. Because the courses open once each year, I cannot take any courses in university on the winter. That was the end of the world to me, I lost myself, and I had stayed at home for 4 months. Fortunately, I have a wonderful family, and they rise me up. The new beginning is come to me, I back to school and take the BBA program. I did read the book of “The fifth agreement”, and I recollect my story. Then I have understood more things of the life. People always say failure could make you clear. I think so, I made a big mistake and waste my two years, but for now, I am growing up. The five agreements that, Don Migule Ruiz, Don Joe Ruiz, and Janet Mills, share their life experience from the book. I am a confuse people and I try to learn how to be a success in the future, “You are programmed to......

Words: 1736 - Pages: 7

Fifth Business

...Enlightenment in Fifth Business: The Beauty of Change Fiona Doomasia West Carleton Secondary School Ms. Bell (e-Learning with O.C.D.S.B.) ENG4UT Monday, July 13, 2015 Enlightenment in Fifth Business: The Beauty of Change Millions of people devote their entire lives to achieving enlightenment; however, very few people truly understand how to do this, and what it feels like. Enlightenment is an abstract concept of attaining knowledge and reaching self awareness. Despite the ambiguity in the meaning of enlightenment, today’s society believes that it will guarantee self satisfaction. In Fifth Business, Robertson Davies portrays a man’s quest for enlightenment through his unpredictable life journey. Every change in Dunstan Ramsay’s life journey teaches him a valuable life lesson, and changes him for the better, resulting in his discovery of enlightenment. The road to enlightenment is paved by the insight on life that Dunstan gains as he changes his physical locations over the course of the novel. It is also clear that change can be enlightening when looking at the important characteristics that Dunstan develops from the variety of people that he surrounds himself with throughout life. Lastly, the knowledge that Dunstan learns through his many ambition changes proves to help him find personal enlightenment. Through the principles that Dunstan learns from his perpetual changes in setting, friends and ambitions, Davies uses Dunstan’s life journey to show that in order......

Words: 1620 - Pages: 7

Fifth Homework

...Fifth Homework Use Hewlett Packard’s financial statements to answer these questions. They are in a separate file. 1. Predict revenues in 2015. Revenues fell in 2014 because services sales fell due to key account runoff in ES (Enterprise Services). Assume that revenues grow by 5% in 2015. 111,454,000,000*(1+5%)=117,026,700,000 2. Do products or services have a larger growth rate of revenues in 2014? Products revenue growth rate:(73,726,000,000-72,398,000,000)/72,398,000,000=0.018 Services revenue growth rate:(37,327,000,000-39,453,000,000)/39,453,000,000= -0.054 3. Do products or services have a larger gross profit margin in 2014? Show your calculations. Products gross profit margin:(Revenue-COGS)/Revenue=(73,726,000,000-56,469,000,000)/73,726,000,000=0.234 Services gross profit margin:(37,327,000,000-28,093,000,000)/37,327,000,000=0.247 4. If the trends in question 3 persist, what do your answers to question 2 and 3 suggest about likely changes in the overall gross profit margin for HP in 2014? With this information all you can provide is a direction not a precise answer. Services revenue growth rate is negative and has a larger absolute value than the products revenue growth rate. This shows that the total revenue should decrease compared with the former year. The products and services gross profit margin are close. It shows that the cost of services is......

Words: 1090 - Pages: 5

Fifth Business

...Fifth Business Essay The extent to which a character’s past contributes to his or hers success or failure in a work place studied in the course. In Fifth Business by Robertson Davies, the past of Deptford for Paul Dempster, Boy Staunton and Dunstan Ramsay created their biggest accomplishments but nevertheless, created their biggest downfalls. Specifically, Dunstan’s obsession with Mary Dempster and his overbearing mother made him a successful author and historian but made him unable to make real connections with people, Boy’s need to be the best led him to his empire he has today, but not without scarifying his humanity along the way, and finally, Paul’s ridicule as a child turned him into the most influential magician of his time, in addition his hatred for Deptford made him into a cold hearted killer. To begin with, Dunstan’s Deptford life consisted of his obsession with Mary Dempster and the conflict of his overbearing mother. Dunstan’s obsession with Mary Dempster influenced his search of saints, which in turn created many books making him relatively successful. In addition, his mother’s overbearing role forced Dunstan to join the army. Thus, earning him the most respectful award in England a Victoria Cross. However, the two dominating women, who were his focus in life, restrained him from being able to commit to other women. In a sense, Mary Dempster is the creator of the man he grows into. This inhibits a motherly sense to her as she becomes the essence of......

Words: 870 - Pages: 4

Amendments

...The Thirteenth Amendment, Fourteenth Amendment, and Fifteenth Amendment all have had a major impact on the United States of America from the beginning. These three amendments have changed our country immensely for the better. The Thirteenth Amendment officially abolished slavery, and is still illegal till this day. The Fourteenth Amendment stated that if you were born in the United States of America you were officially an American citizen no matter race. The Fifteenth Amendment banned each government in the United States from taking away an american citizen’s right to vote based on their color, race, or their past (if they were a slave). These three amendments were put in place right after the Civil War ended and was America’s first step in becoming a civilized and equal country. The Thirteenth Amendment was probably the most important in helping give America that extra push to becoming an all around better country. The Thirteenth Amendment abolished slavery and was the first amendment that started giving African Americans equal rights. Slavery was found mainly in the south or Confederate states, and the North did not agree with it. When the North defeated the Confederates in the Civil War slavery was a thing of the past and the south didn't take much liking to that. Even though slavery was abolished people of the south did anything they could to try and make things worse African Americans such as not allowing them to go to the same schools, sitting in the back of busses,......

Words: 846 - Pages: 4

Fifth Grade

...Irene Casillas Professor Gitte Trejo English 1A L10 31 January 2016 Fifth Grade I remember being in 5th grade hearing about a new assignment we were going to begin. It required us to read a book, write a play and act it out in front of a live audience. As we sat to listen to our teacher instruct us as to how we were going to go about this new assignment, I felt overwhelmed, nervous and anxious, because I wasn’t very good at reading nor did I like to stand up in front of people and talk let alone act out a play. Mr. Nicholas, my teacher, gave us our book, The Lion The Witch and The Wardrobe by C. S. Lewis, to look through it and get a feel for the book. Mr. Nicholas was very excited about this new assignment we were about to start that he jumped onto his desk and started acting out scenes from the book. Needless to say that captured our attention. As the days passed and our reading progressed we started to learn that this book in fact was very interesting. Characters started to come to life and scenes became real, we found ourselves immersed in the book. Every day we read Mr. Nicholas would find something new to for us to relate to the story. Mr. Nicholas came one day with a lot of different ingredients and sat them on a table in front us to see. I remember sitting back wondering what he was up to now. We started getting anxious tell Mr. Nicholas finally asked us who had ever been to the snow, a few us raised our hands the others admitted to never have gone. So he......

Words: 1155 - Pages: 5

The Fifth Child

...They buy a big house that they can’t afford and plan to have at least six children, possibly eight. They have one, the second follows shortly after, soon they have four. People enjoy staying at their place and family and friends gather in the big house during the holidays. Until the day Harriet is pregnant with her fifth child, Ben… The four previous pregnancies were no breeze, but the fifth is nightmarish. The baby moves in Harriett’s womb as if it were trying to claw its way out. It almost kills her. When the child is born, at eight months, Harriett takes an immediate dislike to it. The baby is ugly, strong, with cold eyes and an unusual strength. Ben does not react to marks of affection (that the mother must force herself to show), and is immediately viewed by her as a freak of nature. She thinks of him as a troll or a goblin, a genetic throwback. Growing up, Ben vents his rage at the world. He howls, screams, fight, and attracts the antipathy of everyone around him. Soon people almost cease to visit. The Lovatts kids fear their own brother, an atmosphere of weariness and unhappiness pervades. By his disturbing presence, Ben destroys his own family… The Fifth Child is a short novel, about 130 pages, and can be read as a philosophical tale. Many things are not as straightforward as they look in Ben’s monstrosity. The fact is that the Lovatts themselves are not the "lovable" people they think they are. Their dream of happiness is a selfish one, made at the expense of......

Words: 1034 - Pages: 5

Fifth Amendment

...The Fight for the Fifteenth Amendment The fifteenth amendment to the United states constitution prohibited the United States government to deny someone suffrage based on color or race. The fight for suffrage for African Americans was a long one and took the help of many people and their words and ideas to finally win. However, it was a small step for mankind. African American men finally gained the right to vote, but where did that leave women? Fredrick Douglass and Elizabeth Cady Stanton were two important writers dedicated to the cause of gaining the right to vote. Although their struggles were similar in nature, the difference between gaining suffrage for all races, and gaining suffrage for both sexes raised arguments between what should have been a collaborative force. In Fredrick Douglass’ essay “Learning to Read and Write” and Elizabeth Cady Stanton’s essay “Declaration of Sediments and Resolutions” there were significant shared literally binaries. First off is the underlying factor Civilized v. Uncivilized. This is relevant to the argument because they both are considered uncivilized so they can’t vote. Secondly, Mental Darkness v. Education. Douglass wasn’t able to be educated because he was a slave to a white family and it was looked down upon for him to be educated. Stanton was a woman therefore she was seen by society as less intelligent even though she wasn’t. Third is Depravity v. Innocence. Both of them were being treated wrongly by someone above them and......

Words: 892 - Pages: 4

Fifth Amendment

...The Fifth Amendment under Attack Angela Bordonaro POL 201 American National Government Instructor Matthew Szlapak July 21, 2012 Rasul V. Bush The Fifth Amendment is made up of five specific parts containing six different clauses. This Amendment’s best known clause is recited on every crime show on television it is where the Miranda warning is derived from. It is also the Amendment that guarantee’s a person indictment by a Grand jury. This Amendment gives us the assurance the justice is indeed blind, and everyone is entitled this justice. So what happens to people that do not fit into the framework of “blind justice”. This paper looks at the Fifth Amendment as it relates to Rasul V Bush. Fifth Amendment-Part 1 “No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment of indictment by the grand jury. Fifth Amendment-Part 2 “No person shall be subject for the same offence to be twice put in jeopardy of life or limb Fifth Amendment - Part 3 “No person shall be compelled in any criminal case to be a witness against himself” Fifth Amendment-Part 4 “No person shall be deprived of life, liberty, or property, without due process of law Rasul V. Bush The events of September 11 changed the United States forever. We had always been a nation proud to say on the world stage that we believed in humanity and the humane treatment of all. The events of that day brought out vengeance on a national level. We became a...

Words: 2080 - Pages: 9