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Amendment 5

The Fifth Amendment dates back to the seventeenth century. It was first used in England to protect their citizens. The Fifth Amendment is designed to protect us basically the same way the English used it to protect them. The Fifth Amendment requires indictment by a grand jury on a federal offence unless the person is in the military and they commit a war crime during wartime. An indictment by a grand jury means that the jurors agree that there is sufficient reason to hold a trial. The Fifth Amendment gives all citizens accused of major crimes the right to have their cases contemplated by a grand jury before being brought to trial. The Fifth Amendment also provides protection against double jeopardy and self-incrimination. The Fifth Amendment also 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.

The right to refuse to answer questions in any government proceeding, on the grounds of possible self-incrimination is also included in the Fifth Ame


The prescribed constitutional function of grand juries in federal courts is to return criminal indictments, but the juries serve a considerably wider series of purpose as well. Prominent among these is the investigative function, which is served through the fact that grand juries may summon witnesses by process and force testimony and the production of evidence generally. Operating in secret, under the direction but not control of a prosecutor, not bound buy many evidentiary and constitutional restrictions, such as juries may examine witnesses in the absence of their attorney and with out informing them of the object of the investigation or the place of the witness in it. The exclusionary rule is un-useable in grand jury proceedings, with the result that a witness called before a grand jury may be questioned on the basis of knowledge obtained through the use if illegally-seized evidence. Allowing the use of evidence obtained in violation of the Forth Amendment, the court restated the principle that, while free of many rules of evidence that binds trial courts, grand juries are not unrestrained by constitutional consideration. A witness is not entitled to be told that he may be charged for the offence he is being questioned.

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Approximate Word count = 839
Approximate Pages = 3 (250 words per page double spaced)


  

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