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US Constitution study guide: Difference between revisions
→Amendment 5
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===Amendment 5=== | ===Amendment 5=== | ||
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. | |||
''{{#tip-text:Fifth Amendment overview|Fifth Amendment: | |||
* most importantly protects citizens from arbitrary (random) application of the laws ("due process") | |||
* requires: | |||
** grand juries for indictment (criminal accusation) | |||
** protects against self-incrimination | |||
** compensation for "takings" (seizure) of private property for public use}}''' | |||
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a ''{{#tip-text:presentment or indictment of a Grand Jury|Grand Jury | |||
* = tribunals of citizens, usually 20 or more, who decide or authorize criminal charges (indictments) | |||
* grand juries require simple majorities, i.e. +50% (as opposed to courtroom juries which require unanimous, or 100%, agreement for conviction) | |||
* grand juries are designed to ensure public oversight of criminal prosecutions | |||
** i.e., they are designed to protect against arbitrary (random) or abusive prosecutions by requiring citizen input | |||
Issues, problems & limits: | |||
* prosecutors have enormous powers to compel grand juries to act on their behalf, especially by | |||
** holding them for extended periods of time | |||
** controlling their access to witnesses and information}}''', 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. | |||
==={{#tip-text: Amendment 6|}}=== | ==={{#tip-text: Amendment 6|}}=== | ||