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The 5 th Amendment and Due Process of the Law

The 5 th Amendment and Due Process of the Law. By: Zach Michel, Robert Middleton, Michael Nellius. Current Interpretation. Today the 5 th Amendment includes:

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The 5 th Amendment and Due Process of the Law

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  1. The 5th Amendment and Due Process of the Law By: Zach Michel, Robert Middleton, Michael Nellius

  2. Current Interpretation • Today the 5th Amendment includes: • The right to a grand jury, no self-incrimination, no double jeopardy, right to due process, and the takings clause, and it now also includes: • Jurisdiction responsibilities • Writ of habeas corpus for non-Americans • Collection of evidence through probable cause • Jurisdiction v. sovereign powers • Cruel and unusual punishments • Insanity defenses • Juvenile sentencing

  3. Original Interpretation

  4. 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 offense 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”

  5. BERMAN v. PARKER • A department store, Washington D.C 1954 • 1945, Congress created the D.C Redevelopment Agency, which was given the power to seize property with just compensation • Berman objected the seizing of his department store • The Court found that the 5th amendment does not limit Congress’ power to seize property with just compensation to any specific purpose.

  6. Kelo v. City of New London • 2004, City of New London, Connecticut • Issue: New London used its eminent domain authority to take private property and sell it for private development • Owners argued and sued New London, said it violated the 5th Amendment’s taking clause • Connecticut Supreme Court held that the taking of property counted as “public use”

  7. Kyllo v United States • Kyllo's house was scanned by thermal imaging because of suspected marijuana plants. • Warrant later obtained to find the marijuana • 5-4 ruled unconstitutional due to a violation of the 4th amendment because there was no warrant obtained to run the thermal imaging

  8. Gregg v Georgia • Gregg was convicted of armed robbery and sentenced to death • Argued it was cruel and unusual punishment • 7-2 upheld the jury’s death sentence “It is an extreme sanction, suitable to the most extreme of crimes.”

  9. Sheppard v Maxwell • convicted for killing his pregnant wife • appealed because he did not receive a fair trial because of the media that showed a video of him confessing despite the fact that he claimed innocence throughout his trial • 8-1 unfair trial and needs to be a retrial because of the media exposure

  10. Gideon vs. Wainwright • Bay County Circuit Court, 1962 • Issue: Gideon did not have enough money to pay for a lawyer, so he had to defend himself. • Sixth Amendment’s guarantee of counsel was a fundamental right

  11. Miranda vs. Arizona • Maricopa County Jail, 1965 • Court was called to consider if the way police were treating people in various cases were unconstitutional. • Suspects were questioned by law enforcement in rooms that cut them off from the outside world • Outlined necessary aspects of police warning the suspects

  12. Escobedo vs. Illinois • Chicago, 1963 • Issue: Police refused to let Escobedo see his lawyer • Justice Goldberg spoke for the first time of “an absolute right to remain silent” • Dealt with fifth amendment • Deals with rights of due process

  13. New York vs. Quarles • A&P Supermarket, New York 1983 • A police officer stopped Quarles and asked him where his gun was. Quarles responded, the police officer arrested him and then read him his Miranda rights. • The court decided that there is a “public safety” exception to the requirements that officers issue Miranda warnings to suspects

  14. New Jersey vs. T.L.O • Piscataway High School, New Jersey, 1983 • T.L.O was a young girl and was accused of smoking at school • The principal questioned her and searched her bag and found a bag of marijuana • T.L.O said that his violated her 4th and 14th amendments • Courts ruled against her citing there was “reasonableness” to conclude a search

  15. Dickerson v United States • Questioned about a bank robbery and admitted to being a getaway driver in a series of robberies • The timing of the statement was questionable as to the reading of his Miranda rights • 7-2 that it was unfair to not read Dickerson his rights Dickerson v United States

  16. Harmelin v Michigan • 650 grams of cocaine were found in Ronald Harmelin's possession • was sentenced to life in prison with no possibility for parole • 5-4 Michigan the court agreed that there is no proportionality guarantee

  17. Panetti v. Quarterman • 2006, Texas • Issue: Panetti convicted of murder, petitioned for writ of habeas corpus, said he was mentally insane • District Court decided he was sane enough to be executed • Question: Was Panetti sane enough to be killed? • Court said he was, but sometimes a prisoner may be allowed to file a habeas corpus petition

  18. Boumediene v. Bush • 2007, US Naval Base at Guantanamo Bay • Issue: Boumediene filed a petition for a writ of habeas corpus • Originally dismissed but then allowed • D.C. Circuit said the Suspension Clause only protects writ of habeas corpus as it was written in 1789 • Now, it does not extend to proceedings at an military base leased from a foreign government

  19. Rasul v. Bush • 2003, Guantanamo Bay and Pakistan • 4 Australian and British citizens were captured by the US in Pakistan and sent to Guantanamo Bay • Issue: The 4 appealed for a writ of habeas corpus which the US initially denied, saying that because Cuba has the ultimate sovereign power in Cuba, they couldn’t • Supreme Court decided that the US has enough jurisdiction in Cuba to allow a writ of habeas corpus

  20. Roper v. Simmons • 2004, Missouri • Issue: Is executing a minor for a crime considered “cruel and unusual”? • Missouri court was going to allow it • Appeal to the Supreme Court overturned this ruling • A 5-4 vote decided that executing a minor counted as cruel and unusual

  21. Lidster v. Illinois • 2003, Illinois • Police had set up a checkpoint to get information about a recent hit-and-run • In the process, they pulled over a man and arrested him for drunk driving • Issue: is it ok to arrest someone for drunk driving when the checkpoint was not set up for that purpose? • Illinois court said no, Supreme Court overturned this ruling and allowed the arrest to stand

  22. Hamdi v Rumsfeld • Hamdi was arrested in Afghanistan for fighting with the Taliban for being an “enemy combatant” • He was a US citizen and put into a Virginia military prison and denied a trial • 6-3 for Hamdi that he should receive a trial but an enemy combatant can be held without a trial.

  23. Article about the 5th Amendment • Part of the 5th Amendment includes not incriminating yourself through testifying • 1992, Idaho • FBI agent shot and killed the wife of an armed white supremacist • Refused to testify in court, after he was told he would not receive immunity from prosecution, and refused to give his statement • Decided to “plead the 5th” • http://articles.latimes.com/1995-09-13/news/mn-45352_1_randy-weaver

  24. Article Questions • Do you think that people should be allowed to not testify, even if they are an integral part of a case? • Does the right to not testify help or hinder the judicial process? • Should immunity from prosecution be a part of the judicial process?

  25. Video • http://www.teachersdomain.org/resource/bf09.socst.us.const.miranda/

  26. Bibliography • Edwards, George C., Martin P. Wattenberg, and Robert L. Lineberry. "Chapter 4." Government in America: People, Politics, and Policy. Boston: Longman, 2011. Print. • Epstein., Alex. "Scotus vs. Kelo." Cox & Forkum Editorial Cartoons. Web. 18 Sept. 2011. <http://www.coxandforkum.com/>. • "Fifth Amendment: Encyclopedia of Everyday Law." ENotes - Literature Study Guides, Lesson Plans, and More. Web. 18 Sept. 2011. <http://www.enotes.com/everyday-law-encyclopedia/fifth- amendment>. • Ostrow, Ronald J. "Dick Rogers Fbi | FBI Agent Declines to Testify About Siege : Senate: Man WhoKilled Randy Weaver's Wife Takes the Fifth Amendment at Hearing into the '92 Idaho Shootout. He Had Been Denied Limited Immunity. - Page 2 - Los Angeles Times." Featured Articles From The Los Angeles Times. 13 Sept. 1995. Web. 18 Sept. 2011. <http://articles.latimes.com/1995-09-13/news/mn-45352_1_randy-weaver/2>. • The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 18 Sept. 2011. <http://www.oyez.org/>. • "PoliticalCartoons.com Cartoon." PoliticalCartoons.com Homepage. Web. 19 Sept. 2011. <http://www.politicalcartoons.com/cartoon/48f1fa0f-d3f4-4de7-b66e-d545cc6a30e6.html>. • View's, Stu's. "5th Amendments." Lawyer Cartoons, Law Cartoons, Lawyer Jokes. Web. 18 Sept. 2011. <http://www.stus.com/stus-category.php?cat=CAS>.

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