Fifth Amendment

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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


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…...

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