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The 5th amendment from the bill of rights
Opinions on the 5th amendment
Importance of the fifth amendment
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“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,” these are the words of James Madison in reference to the Fifth Amendment(https://constitutioncenter.org).The Fifth Amendment is the most important amendment for many reasons. For example, it states that a person shall not be deprived from life, liberty, or property, without due process of law. Also it states in the amendment “Nor shall private property be taken for public use without just compensation.” This is a right of all Americans and a right we deserve. Lastly, it is the most necessary because it contains important protections for people accused of crimes. The Fifth Amendment is the most …show more content…
essential to the United states. The Fifth Amendment forbids deprivation of life, liberty, or property for public us without just compensation.
That means the government cannot throw you in jail unless you have first been taken to a fair trial and you have been found guilty. It also means they cannot take any private property from a person without paying them in one way or another. For example, “The famous Miranda v. Arizona (1966) case required that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. This intended to prevent forced or involuntary confessions under police pressure. Although the Supreme Court had long held that involuntary confessions could not be used in federal courts, state courts did not always comply. Now local police departments must issue warnings known as "Miranda Rights" to people that they arrest.”
Another one of our rights is not getting our property taken away without compensation. For example while the federal government has a right to "take" private property for public use, the Fifth Amendment states that the government has to pay just payment to the owner of the property. The government does not have to pay a property owner's lawyer's fees, however, unless a law says
to. The final right we have that is stated in the Fifth Amendment is getting protected when being accused of a crime. For example if you are questioned, you do not have to answer any questions they may be turned against you in court and you may also have an attorney present at all times of questioning. If you cannot afford your own lawyer than the government must provide you with one. In conclusion, the fifth amendment is the most essential. It provides your rights if you are accused, or getting life,liberty, or property taken away. Lastly, it states your rights and provides you justice.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
5. If you cannot afford an attorney, you have the right to have one appointed for you.
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
In conclusion, the second amendment is very important for the United States of America in order to protect our freedom and the common good. Our founding fathers gave us this right to ensure us the ability to protect those self-evident truths. Further, our government has already taken away much of our freedom and we need our guns to protect ourselves from this overreaching government. Most of all, the reason the second amendment is important is in order to ensure us our freedom and make sure we are not enslaved by our government. For these reasons, we must protect and fight for our second amendment right to bear arms.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. The Second Amendment specifically grants that, "the right of the people to keep and bear Arms shall not be infringed"
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
are expected to tell the truth, even if that truth was to put you in
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
The second amendment states “A well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms shall not be infringed.” The Founding Fathers included this in the Bill of Rights because they feared the Federal Government might oppress the population if the people did not have the means to defend themselves as a nation or individuals.
The First Amendment of the Constitution is the most important and debatable of them all. The First Amendment states; “Congress shall make no law respecting an establishment of religion, of prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”