Posted on 03/22/2009 6:29:34 PM PDT by SunkenCiv
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.
(Excerpt) Read more at populistamerica.com ...
Private property was the original source of freedom. It still is its main bullwark" -- Walter Lippman
The Fifth Amendment was written to protect an accused from abuses witnessed throughout history, including in the early days of Colonial America. The founding fathers wished to ensure that, while trials could be conducted and guilty criminals punished, innocent men and women wouldn't suffer by mere government whim. Sufficient evidence of criminal conduct would have to be presented to a Grand Jury; the government couldn't repeatedly try an individual on the same charges until he or she was either convicted or financially exhausted; it couldn't demand answers from the accused, but rather would have to provide sufficient evidence to convict without such testimony; and it couldn't simply snatch property it wanted or needed from its owner.
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One of the more familiar ones, but take a good long look at it sometime. :') |
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· Discover · Nat Geographic · Texas AM Anthro News · Yahoo Anthro & Archaeo · Google · · The Archaeology Channel · Excerpt, or Link only? · cgk's list of ping lists · |
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And yet, another 5000 plus innocent persons are brutally murdered in America every day. And the perpetrators aren't prosecuted, they are protected.
This provision is the heart of the Bill of Rights.
They've cut the heart out of the principles that once made this the land of the free and the home of the brave.
Double jeopardy in before US Supreme Court
news.aol.com/article | 03/21/09 | JUAN A. LOZANO
Posted on 03/21/2009 10:59:37 AM PDT by rgr
http://www.freerepublic.com/focus/f-news/2211560/posts
Soldier cleared of murder in civilian court 18 years ago
to face court-martial in the deaths
NCTimes | August 17, 2007 | MIKE BAKER - Associated Press
Posted on 08/18/2007 7:00:37 AM PDT by brityank
http://www.freerepublic.com/focus/f-news/1883019/posts
You forgot the "or limb" part of that clause. I wonder what the Founders meant by that??? Nobody seems to think about that these days, but I have my ideas & believe that those 2 words were added to the Constitution for a purpose, & not by accident.
Th 5th Amendment essentially ended when they tried the cops for the Rodney King incident the second time.
I really like these posts. It’s too bad they don’t teach some of this stuff in schools. Like law schools.
This mirror some of the thought, a different angle admittedly though, that I express here: http://docs.google.com/Doc?id=dv698tm_22dr6x3nfb
There were plenty before Rodney. It was common practice to pursue civil rights avenue's when criminal ones closed.
Thanks OWS.
Well put.
That’s what happened to O.J. as well, after the ridiculous acquittal in the criminal trial.
You are quite welcome, though I should be thanking you for reading it instead! :)
I recently had a run-in with some bureaucrats and it caused me to look up the 5th amendment.
nor shall be compelled in any criminal case to be a witness against himself
It appears that their position is that a person can be compelled to be a witness against himself in a NON-criminal case. I think it’s an outrage, but who can fight city hall?
The people gathering recall signatures; also, any law firm.
All of which requires resources which I do not have.
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