Amendments 1-27

5th amendment

22.10.2016 (2:12 am) – Filed under: amendments ::

The 5th amendment is a Constitutional amendment and it is a change or update of the constitution. By the amendment, it is possible to change the legal document, bill, constitution or contract for making the document correct. There are many errors many found in the constitution and that is why it is necessary to update the document. Everything of the legal document, bill, constitution or contract will be changed under the law. When the Constitutional amendment is put for the constitutional, then the few points many changes or add but other things will not be changed. The 5th amendment is the part of the bill of right. We will learn about the 5th amendment upcoming the paragraph.

The 5th amendment is the part of the bill of right and by this constitution, people became safe from accusation illegally or without any evidence. The 5th amendment does not let any people to be forced to be a witness for any case. The person is completely protected by the 5th amendment. This amendment is a protector for the general people from the government authority or the law enforcement team. No one can force the person to be a witness for any criminal activity. It is noted that the case must be an infamous crime. If the grand jury permits, then the person will be forced to be a witness and the person will be protected. It is necessary to protect the person if the person becomes a witness.

For making the witness, the government needs to protect the person from any attack. If the person denies being a witness of any crime, then the government will not force him. Here no law forces him to be a witness. The 5th amendment is the part of the Bill of right and this right is related to the general people. This amendment was created by the legal experts. However, if the case is related to the higher law enforcement team like navel or militia team and it is a time of war or something that is related to the public danger, then it is necessary to be witness and law enforcement can force him under the jury. According the law of 5th amendment, for the same offend the same person cannot be witness nor shall any person be subject for the same crime to be twice put him in danger of life or loss of limb; nor shall be forced in any unlawful case or activity to be a witness against himself, nor be deprived of life, property, liberty or without due process of law and it is not permitted to use private property be taken for public use, without any compensation.

It is necessary to create a grand jury to make anyone witness. The grand jury listens to the evidence about the crime from proctor and this activity is working for a long time. It is the main method of making the fair. The process is open in the court. The grand jury has the power to take action of anyone based on the evidence. This charge is not applicable for the military. Because for the military court martial is the justice system in the military. They will not be trialed and punished like any general people or like other law enforcement teams.

The grand jury is not a part of the government employees or government people. To make the judicial service fair, the team of the people in Grand jury is chosen from the general people who are not involved in government activity. So, the secret of the evidence is open and there is no secret found in this judicial service. Those general people can listen that secret of the evidence and the person may face trouble if he is a witness. However, the general people can also use their own act knowledge for starting the criminal proceeding and they can leak some information out what is relevant to the case.

In the judicial group, the grand juries are considered as a puppet by the many critics. Because the grand juries cannot share their comment with the Judicial group. Their comments related with trial have no impact on the case trial. In the absence of the lawyers, they can compel the witness to testify. Everything is just a show off and it has no any value what is useful for the case or it is not also against the case. The grand juries are used in few states of the America and in many states, the grand juries are not used. Because it is found that grand juries share the critical information outside which can make the case vulnerable. Those states use criminal proceeding using information and accusations. The grand jury needs protection but there is no bill found in the bill of right for the protection of the Jury. That is why it is considered that the idea of not using grand juries in the criminal activity is a good idea. Until protection is set for the juries, it should not be perfect for using the law grand jury.

The protection against the dual jeopardy. Make sure that for the same case a single person is not getting punishment. It is necessary to protect the person to get punishment for the same case. It is bad and increases grievance from the general people and family of the criminal and the double punishment will be unpleasant and unethical exercise from the court. That is why the U.S. Supreme Court decided to protect the person to be punished for the same crime. The government cannot use illegal power and give double punishment to the person. The U.S. Supreme Court created provision of the bill of the rights for saving the criminal from the duel punishment.

It is also necessary to save the confidential evidence and information which is shared by the witness. Even there is some evidence like DNA, blood and hair sample, finger print, testimonials, record and other related information will be shared with the public. No legal agent can share the secret about that evidence.

It is found that in many places the right for people does not work. However, according to the 5th amendment, there is a compensation clause which is used for the using of the private property by the law enforcement and they will provide compensation by interpreted market value. According to the U.S. Supreme court, the price of market value is the price of the property and its cost of the damage and other charges like fee of attorney and other charges.  Learn about the 5th amendment from the Wikipedia and other related legal sites to know debates of the case.

 

 

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