Caitlin


 * The 5th Amendment **

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a 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 offence 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."
 * Carole Tyler taking the 5th amendment in 1964**

**Own Words:**

The Fifth Amendment states that no person is allowed to testify against himself and that no person can be tried for a second time on a charge for which he has already been acquitted or proven innocent. The government can't punish you for a crime by putting you in jail or taking things that belong to you without following legal rules. It can't put you on trial more then once for the same crime, or force you to say things against yourself.


 * Ratified: ** 12/15/1791


 * Ratification Process: **

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of the Constitution, when ratified by the legislatures of three fourths of several states, or by conventions in three fourths theroff as one or the other mode of ratification may be proposed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.


 * Historical Background: **

It was written back in the 1700's to protect the weak from exploitation by the powerful, the self incrimination clause set forth in the fifth amendment says, "No one shall be compelled in any criminal case to be a witness against himself." The Supreme Court expanded the right to cover civil proceedings and even legislative hearings.


 * Why is the 5th amendment important? **

To protect yourself from incriminating yourself.




 * Famous Court Cases: **

//Hiibel vs. Sixth Judicial District Court of Nevada Chambers vs. Florida Ashcraft vs. Tennessee Miranda vs. Arizona//