Position:Home>History> Can someone tell me what the 5th Amendment is really about?
Question: Can someone tell me what the 5th Amendment is really about!?
I know the 5th amendment is broken up into 5 parts!. But I don't know what each of these parts really mean!.
"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!."Www@QuestionHome@Com
Best Answer - Chosen by Asker:
The part that takes you to the first semicolon says that there must be evidence against you before you are expected to defend yourself against accusations--they can't 'suspect' you without evidence and expect you to go to the trouble to face a trial, with exceptions for the military or other martial law situations!.
Next is the 'double jeopardy' clause--which has been interpreted by the Supreme Court to mean that the same evidence can't be used to bring you to trial twice!. If evidence is presented against you and you are found innocent, the evidence presented can't have a little more evidence added to it and the case reopened--the state must decide to let you go and wait until they have enough evidence that they think they can convict you, or they have to take a chance that they have enough when they try you!.
The third protection is against self incrimination--you are never required to answer a question in a way that admits that you are a criminal!.
Fourth is due process--that if the government is going to lock you up, give you the death penalty, or take your money, that there will be 'due process' -- you'll get a trial!.
Fifth is the right to own property--that the government can't decide that what belongs to you now belongs to it or someone else (except as stated in the Income Tax amendment)!. They do make the 'emminent domain' exception here though--if the government needs something you have, they can take it, but they have to pay you 'just compensation' for it!.Www@QuestionHome@Com
It's real purpose was to prevent Americans from having to self incriminate!. However with the fact that cops lie (legally lie) all the time it is just another BS statement
among a list of false promises to the American people to protect their rights against this evil lying corrupt govt we have today!. Its called the "Bill of Rights" it is worth little more then your used tissues anymore!.Www@QuestionHome@Com
http://en!.wikipedia!.org/wiki/Fifth_Amend!.!.!.
They break it down pretty well there!. Each part means something pretty different Www@QuestionHome@Com