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.
Proper display of 5th Amendment rights? In this clip Lois Lerner uses her 5th amendment rights not to be a witness against herself answering questions from the committee and was excused on that basis. Considering that its not an actual court was it just that she was excused and not made to stay and answer questions regarding the hearing or any of her previous testimony/responses.
You would have to be in the court to plead the fifth for it to be valid?
You would have to be in the court to plead the fifth for it to be valid?
The 5th amendment lays out the rules for indictment by the Grand Jury composed of 16-23 citizens. The burden of proof lies upon the prosecution, the government has to prove guilt. A person cannot be subject to double jeopardy, being tried for the same offense twice following an acquittal or conviction. The 5th amendment protects the "due process" of the the law meaning government action must never be improper or unfair. It must strictly follow the rules and steps set down by law.The accused has the right to appeal to clear charges by an impartial judge and the right to defense that acts fairly and applies the law equally. NO one can be forced to testify against themselves although legally the prosecution can tell any lie in the confessional room to get you to talk. In comes Miranda v. Arizona or 1966 which extends the right against self incrimination all the way to a suspects point of arrest aka being read and informed of your Miranda rights. Rounding out the 5th amendment is eminent domain which gives the state and federal government the right to take private property for public use but the owner of the property must be compensated for their property.
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