Bill+of+Rights+peppja19

=The Fifth Amendment = //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 offense 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. // =The 5th Amendment in my Own Words? = In my own words, the 5th amendment is where a criminal cannot be a witness against themselves. The 5th amendment also says that one cannot be put on trial for the same crime twice, Americans cant be deprived of there life, liberty or property without a proper and fair trial. This is what the 5th amendment means in my own words.

Historical Applications
[] The 5th amendment has been challenged throughout history because of the right to remain silent. The Supreme Court said that unless a person specifically asks for their Fifth Amendment right to remain silence, that your silence can be used as an indication of guilt. The case was brought to court on the basis of an unconstitutional prosecution against Genovevo Salinas. Justice Alito, who has a history of excusing the most disturbing abuses in favor of the government, said,“[Salinas’] Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question. It has long been settled that the privilege `generally is not self-executing’ and that a witness who desires its protection `must claim it.’” So, the advice to sit there and keep your mouth shut, should you be unfortunate enough to have been accused of committing a crime, is no longer the best option. If the police fail to read you your Miranda warning, you must explicitly say that you are claiming your Fifth Amendment right not to incriminate yourself. In stating that, aren’t you, in fact, letting the police know that a crime, has indeed been committed by you? The right to remain silent is supposed to mean just that – you can refuse to answer questions and your silence will not be used against you. Justice Breyer said, in his dissent: “The need to categorize Salinas’ silence as based on the Fifth Amendment is supported here by the presence, in full force, of the predicament I discussed earlier, namely that of not forcing Salinas to choose between incrimination through speech and incrimination through silence. That need is also supported by the absence of any special reason that the police had to know, with certainty, whether Salinas was, in fact, relying on the Fifth Amendment—such as whether to doubt that there really was a risk of self-incrimination, see Hoffman v. United States, 341 U. S. 479, 486 (1951), or whether to grant immunity, see Kastigar, 406 U. S., at 448. Given these circumstances, Salinas’ silence was “sufficient to put the [government] on notice of an apparent claim of the privilege.” Quinn, supra, at 164. That being so, for reasons similar to those given in Griffin, the Fifth Amendment bars the evidence of silence admitted against Salinas and mentioned by the prosecutor.” This is how the 5th amendment has been challenged over time. The supreme court has ruled in cases where ones 5th amendment rights have been used, and not used, here are some court cases that shows the supreme courts rulings over time. These decisions have affected us because of how we can and can't use our 5th amendment right if being questioned for a crime and put to a trial. =Today's Application= [] [] The 5th amendment is still applied in today's society because protects Americans from being tried for the same crime repeatedly. It is also applied today because it protects your freedom that the government cannot take your property. For example, in 2005 during the trial of //Kelo v. City of New London, //the supreme court ruled that local governments could take private property from one person and transfer that property to a corporate entity with the expectation that the property would become more useful to the public. This ruling drew a sharp dissent from supreme court Justice Sandra Day O'Connor, who warned that it will allow governments to seize any property simply to allow developers to upgrade it. O'Connor wrote, “Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall.”

 Since that decision, several local governments have declared their intent to take peoples’ homes in order to convert them into office complexes, shopping centers and mega-stores. As local governments continue to search for ways to increase tax revenue, hard-working homeowners must be wary about their homes being taken away. Designating such possessions as necessary for the “public use” is often a sham, with the desire to increase tax revenues being the real motivation of local governments. Since the //Kelo //decision, some state legislatures have passed laws which ensure that such possession takings cannot occur. But unless the American public remains educated and focused on preserving this important constitutional right, it, along with their homes, could be taken by the government.  The 5th amendment has been applied in today's society because of the statement "I plead the 5th". How does this work? Typically, you would **Plead the 5th** when your called to testify in a trial or when being deposed. Generally, you can't refuse to answer any relevant question, unless the answer incriminates you. If your answers to the questions could be used to convict you of a crime, you can assert this right.

The Fifth Amendment generally only protects you against matters that may later incriminate you. However, in some instances, the spousal privilege protects you against making incriminating statements against your spouse as well.

You can only take the Fifth to avoid answering incriminating questions in matters where you're a witness. If you're charged with a crime and choose to take the stand to testify in your own defense, you can't take the Fifth to avoid questions by the prosecution. You can, however, choose not to testify at all, and avoid all questioning on the witness stand. Since federal grand juries have the power to subpoena people and force them to take the witness stand, defendants in such proceedings generally refuse to answer any questions, citing their Fifth Amendment rights. However, if the defendant does choose to answer any question during the proceeding, the protection of the Fifth Amendment is lost. Also, the Fifth Amendment doesn't protect you from having to answer questions in civil cases once there is no possibility of a criminal charge. For example, once the criminal case is resolved, or if the statue of limitations has passed and you can no longer be charged. You could ask for immunity for your actions in exchange for your testimony. This could reduce or dismiss any charges coming from your testimony.
 * Exceptions to the Fifth Amendment**

In more recent times, Rod Blagojevich, the former Illinois governor was arrested on federal corruption charges in 2008. He was accused of creating a bribery scheme to fill Barack Obama's empty Senate seat. His trial date is set for June 3, 2010. Blagojevich's attorney says the former governor will take the stand in his fraud claim, but claim his Fifth Amendment right if asked about other charges against him. One suit involves 4 casinos forced to pay $90 million to 5 racetracks based on bills that Blagojevich signed to get campaign money. Remember, taking the Fifth offers some protection, but there are other ways the court can make you testify. The 5th amendment has redefined our generation by effecting testimonies of suspects at trial. Suspects can use their 5th amendment right when questioned and testifying, but the court system can still get incriminating evidence out of suspects, which is legal by the 5th amendment. This is how the 5th amendment has redefined our society.
 * Recent Example Pleadings**
 * How has the 5th amendment redefined our generation?**

[] media type="custom" key="27349262" width="83" height="83" The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination.