The Bill of Rights of the United States Constitution: Fifth Amendment Information

There are multiple rights granted to us that formulate our Fifth Amendment, which is derived from the Bill of Rights embedded in the United States Constitution. The rights, according to the document, state that we are granted the right to a trial by a Grand Jury, the right against Double Jeopardy, the right against self-incrimination, the right to Due Process, and the right of Eminent Domain. These rights will be examined thoroughly, include a logical synopsis of it's main ideologies, and contain vital information (such as specific court cases) as to how these rights came into existence, how they still apply today, and what purposes they serve to the American public.

According to "An Introduction to Policing 4th Edition", the Fifth Amendment is worded and construed as the following:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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" (Dempsey, pg. 357).

The first area of the Fifth Amendment that will be discussed is the right to a trial by a Grand Jury. A Grand Jury is a jury made up of a defendant's peers to settle an indictment (an accusatory document that stating that the defendant has committed a crime). However, according to Wikipedia, the Exclusionary Rule - the law that states that illegally obtained evidence cannot be used to prosecute in court - is not upheld in a Grand Jury proceeding. Many states have abolished the proceeding of a Grand Jury, and have replaced it with the concept of the preliminary hearing - a proceeding in which all evidence is admitted into the case, what charges are brought against the defendant, and any other obstacles that stand in the way of the trial's continuation.

The right against Double Jeopardy has been a very controversial one overall. Experts know that this constitutional right is a double-edged blade, in that it helps our rights, but it also allows guilty criminals to fall through judicial loopholes. For example, if someone is charged with the murder of another person and he is acquitted of certain charges, he cannot he prosecuted again in criminal court for that/those specific charge(s). However, the defendant can be charged with other crimes that he was not originally being tried for that was involved in the murder (Ex: aggravated assault, ect.). The ideologies of the right against Double Jeopardy do not pertain to separate judicial entities. For example, someone may be tried in a state court for a crime, and then in a federal court again for the same crime, as they are separate judicial entities. Also someone who has been convicted of a crime can be tried in both civil and criminal court. One well known example of this is the O.J. Simpson trial, where Simpson was found not guilty in criminal court for the murder of his wife. Later in time Simpson was tried in civil court for the murder of Nicole Brown and Goldman where we was found "liable and charged held liable for the wrongful death of and battery against Goldman, and battery against Brown" (Wikipedia). Simpson was successfully then sued and "[...] was ordered to pay $33,500,000 in damages" (Wikipedia).

The right against self-incrimination is heavily tied into the ideologies of Miranda Rights/Rules/Warnings. Also, this portion of the Fifth Amendment is popularly referred to as "pleading the fifth" in self-incriminating instances. When being initially interrogated by police, according to the Fifth Amendment, the police must advise the suspect that they have the right to remain silent, the right to an attorney, that anything he or she says can and will be used in court against them, and that if the defendant cannot afford an attorney that one will be appointed, free of charge (Dempsey, 385). As we know, one of the most famous and ground-breaking cases pertaining to the field of self-incrimination is Miranda v. Arizona (1966). It's important to also know that the right against self-incrimination is held up within both state and federal court systems. This was proven in the case of Malloy v. Hogan (1964), where Malloy wouldn't give up any information pertaining to one of his prior convictions (Gaines & Miller, 128).

The right to Due Process is another right guaranteed by the Fifth Amendment. The idea of Due Process is to ensure that everyone gets a fair, un-biased trial altogether. This is where the well-known saying "Innocent until proven guilty" comes into play. The ideologies of Due Process is fundamental in the fairness of the United States judicial system. Each person, even non-U.S. citizens within the geographical bounds of the United States territory, also have the right to Due Process. In the court case titled Duncan v. Louisiana (1968) it was determined that juveniles have the guaranteed right to Due Process as well, not just adults (Gaines & Miller, 128).

The right of Eminent Domain is one of the lesser-known rights of the Fifth Amendment, although it plays a vital role in our protection of property, and our right to be compensated if our property is needed by a governmental entity for public use. According to the right of Eminent Domain, United States citizen must be paid just compensation for their property. The power of Eminent Domain is withheld under the Taking Clause, which allows governmental entities to take private property for public use, with the inclusion of just compensation, of course.

Above are all of the portions included in the Fifth Amendment of the United States Constitution. Each right has a unique history that includes strings of court cases determining the true meanings and definitions of the words of our rights under this amendment. Even today there are controversial situations in which we are still determining ethics in the judicial system. We must take notice that we are in an ever-changing society, and while society changes, so must it's judicial bounds and it's logical understanding of the needs of both the people and society as a whole.

Bibliography

Gaines, Larry K. and Roger LeRoy Miller. Criminal Justice in Actions. Canada: Thomson Learning, 2005.

Dempsey, John S. and Linda S. Frost. An Introduction to Policing. USA: Thomson Learning, 2008.

Wikipedia.org URL Sources:
http://en.wikipedia.org/wiki/O.J._Simpson#Criminal_trial_for_murder
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution