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Fifth Amendment

Fifth AmendmentDedicated 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.

 
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

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