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Dedicated
to the Resurrection and Reaffirmation of the FIFTH AMENDMENT
in the JURY TRIAL SYSTEM which reads in part:
"No person shall be held to answer for a capital,
or otherwise infamous crime,
unless on a presentment or indictment of a Grand
Jury, 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 a criminal case
to be a witness against himself, not be deprived
of life, liberty, or property, without due process of
law."
GRAND JURY CLAUSE: A body of (usually 23 people)
who are chosen to sit
permanently for at least a month-sometimes a year-and
who, after listening to all of the evidence, decide
if the evidence is strong enough to hold a suspect for
trial, it returns a bill of indictment (termed a "true
bill") charging the suspect with a specific crime.
DOUBLE JEOPARDY CLAUSE: a person cannot be prosecuted
twice for the
same offense. Also, a person has the right to refuse
to give evidence against him/herself (invoking the
Fifth Amendment).
DUE PROCESS CLAUSE: the Government is prohibited
from unfairly or
arbitrarily depriving a person of life, liberty (freedom)
or property. These are the rights (life, liberty, and
property) so fundamentally important as to require compliance
(by the prosecution, your attorney, and the court) with
due-process standards of fairness and justice. The Fifth
Amendment applies to the Federal Government; and
the Fourteenth Amendment (due process clause)
applies to the States. The Equal Protection Clause
is also under the Fourteenth Amendment meaning
that the Government must treat a person or class of
persons the same as it treats others persons or classes
in like circumstances.
The Grand Jury; Due Process; Double Jeopardy; Equal
Protection
Clauses are all written into the Constitutional
Guarantee of the Fifth and Fourteenth Amendments.
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supremecourtus.gov,
abanet.org,
criminaljustice.org,
nysba.org,
naacp.org,
famm.org,
core-online.org,
aclu.org,
house.gov,
senate.gov,
congress.org,
law.yale.edu,
law.harvard.edu,
law.nyu.edu,
law.columbia.edu,
huffpost.com,
sentencingtypepad.com,
congressionalblackcaucus.net,
legalmatch.com, www.fedcure.org,
www.NLJ.com,
www.law.com |
Copyright © 2006 - inprison.net - All
rights reserved |
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