5 th Amendment Definitions 1 Grand jury A

5 th Amendment Definitions: 1. Grand jury: A panel of citizens that indicts (formally charge with a crime) a person. 2. Double-jeopardy: You can’t be tried 2 times for the same crime. 3. Self-incrimination: (“Taking the fifth”) you don’t have to testify against yourself. 4. Miranda Warning: You have the right to remain silent and have an attorney. 5. Eminent Domain: Taking someone's private property for public use 6. Defendant: A person accused of a crime. 7. Warrant: An order from a judge to search or arrest. 8. Due Process: A set of rules government has to follow before taking someone’s “life, liberty, or property” © 2012 Data. WORKS Educational Research EDI Lesson Plan Template for TEACHER-CREATED lessons.

5 th Amendment The 5 th amendment of the U. S. constitution gives 5 protections to the people: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or (1. )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 (2. ) subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to (3. ) be a witness against himself, nor be deprived of life, liberty, or property, (4. ) without due process of law; nor shall (5. ) private property be taken for public use, without just compensation. 2

5 th Amendment- Part 1 1. No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial A grand jury is the formal device by which a person can be accused of a serious crime. • It is required for federal courts under the 5 th Amendment. • The grand jury deliberates on whether the prosecution’s indictment, a formal complaint, presents enough evidence against the accused to justify a trial. • Only the prosecution presents evidence. • Most States have legislated to skip the grand jury stage. 3

5 th Amendment- Part 2 2. You cannot be tried for the same crime twice; that is called “double jeopardy” Why is Double Jeopardy in the Constitution? Founders wanted to prevent: 1. Harassment and oppression. 2. Having a person tried over and over until there was a conviction. 4

Juries • A jury decision of guilty or an acquittal (innocence) requires a unanimous decision. • inability to reach a unanimous verdict means that there was no official finding of the facts regarding what kind of penalty the defendant deserved • If jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. • In a mistrial a case is not decided and it may be tried again at a later date before a new jury. • The plaintiff (government or person bringing the charges) may decide not to pursue the case further and there will be no subsequent trial.

The truth about DOUBLE JEOPARDY - Even if a person has been acquitted (freed of charges) of a crime and police uncover evidence proving guilt AFTER the end of the trial there is LITTLE if ANYTHING they can do. 1. IF the trial ended with being found “not guilty ” 2. IF the defendant did not take the stand lie under oath. 3. IF the defendant did not try to tamper with witnesses. VERY hard to prove 6

The truth about DOUBLE JEOPARDY Exception: Remember there are 2 main types of law: 1. Criminal Law - individual vs government prosecutor (broke the law) (usually decided by a jury) must generally be proved "beyond a reasonable doubt" 2. Civil Law - individual vs individual (caused harm to someone) In civil cases (usually decided by a judge) lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way) Remember Federalism: there are 2 main court systems 1. 50 State Court systems 2. Federal Court System 7

Double Jeopardy Rodney King case: 1. In a California state court the officers accused were found not guilty of “excessive force” beating King. 2. The case was retried in Federal Court – of denying King his civil rights of due process. 8

Double Jeopardy OJ Simpson Case: 1. Simpson was found not guilty of 1 st degree murder in a California state criminal court. 2. Found guilty in a California civil court of denying life and potential monetary rewards the dead would have shared with family. (no jail time- just pay$) Double Jeopardy does NOT apply If the trial ended in a mistrial. 9

5 th Amendment- Part 3 3. “nor shall be compelled in any criminal case to be a witness against himself” a. k. a. the right to remain silent! You do not have to testify against your self. To "plead the Fifth" is to refuse to answer a question because the response could form self-incriminating evidence. The privilege against self-incrimination requires the government to prove a criminal case against the defendant without the aid of the defendant as a witness against himself. . 10

Miranda v. Arizona In Miranda v. Arizona (1966) the United States Supreme Court ruled that the Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights under the 5 th amendment.

Miranda v. Arizona Miranda warnings must be given before there is any "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. “ Suspects must be warned, prior to the interrogation: 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to an attorney. 4. If you cannot afford an attorney, one will be appointed for you. 5. Further, only after such warnings are given and understood, may the individual knowingly waive them and agree to answer questions or make a statement.

5 th Amendment- Part 4 4. Before you are convicted you must be granted due process: -government must abide by laws and procedures at all times 13

5 th Amendment- Part 4 These rights, which apply equally to civil and criminal due process, are: • An unbiased tribunal. (court) • Notice of the proposed action and the grounds asserted for it. • Opportunity to present reasons why the proposed action should not be taken. • The right to present evidence, including the right to call witnesses. • The right to know opposing evidence. • The right to cross-examine adverse witnesses. • A decision based exclusively on the evidence presented. • Opportunity to be represented by counsel. • Requirement that the tribunal prepare a record of the evidence presented. • Requirement that the tribunal prepare written findings of fact and reasons for its decision. Should terrorists, domestic or international, have these rights? 14

Read the situation below. Decide if the person experienced due process of law. 1. Charles Wright was accused of murder. He went to trial and was found guilty. Later, his family learned that one of the jurors knew Charles in school and never liked him. NO

Read the situation below. Decide if the person experienced due process of law. 2. Susan Taylor was accused of bank robbery. She went to trial and was found guilty. Her lawyer told her she could not speak in the courtroom to defend herself. NO

Read the situation below. Decide if the person experienced due process of law. 3. Ryan Harper was accused of taking money from his employer. He was not told of the charges against him before he went to trial. He went to trial and was found innocent. NO

5 th Amendment- Part 5 5. The power to take private property for public use, the government must compensate you eminent domain! 18

Eminent Domain Whenever the United States acquires a property through eminent domain, it must justly compensate the property owner for the fair market value of the property. • Eminent domain has been utilized traditionally to facilitate transportation, supply water, construct public buildings, and aid in defense readiness. 19