...The purpose of the Fifth Amendment by the Framers of the Constitution was to protect the people from any governmental tyranny. The Constitution added this provision to mostly protect offenders from those who will initiate legal proceedings without exceeding their authority. The Legal principles of Fifth Amendment were ratified in 1791 with all the requirements for a person whose in accused of a crime. The Fifth Amendment included the grand jury requirement, double jeopardy, self-incrimination, due process clause. The federal grand jury often has twenty-three civilians who meet without a judge, the press, or any lawyer, with the only exception of the prosecution. The prosecutor will present all the evidence to show the jury why this person identified is the one who's committed this particular crime. After presenting all the facts to the grand jury, the prosecutor leaves them to decide whether there is enough evidence for the state to file criminal charges against the alleged the suspect. The prosecution will need a "True Bill" with the majority of the jurors...
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...The "Takings Clause" of the U.S. Constitution states simply "nor shall private property be taken for public use, without just compensation." (Sullivan, n.d.) However, in the last quarter century, that clause has taken on a prominent role in constitutional jurisprudence, particularly with respect to the limits of state and local regulatory power. Any discussion of the Takings Clause should begin with the history that led to its enactment and the way case law has developed. There are two main points on the original understanding of the Fifth Amendment Takings Clause. When the federal government physically took private property, the clause required compensation and regulations, limiting the ways in which the property could be used. However, in...
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...Can the amendments from the Bill of Rights be valued of importance? The bill of rights consists of ten amendments each guaranteeing an individual right of every United States citizen. In this essay I have picked two amendments, which I will explain, their importance and negative consequences. Continuing on the relevance of the second amendment in today’s American climate and the arguments that those are for/against about gun control. The first amendment of the Bill of Rights sets the tone for the rest of the document showing the limitations the government has towards any United States citizen. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,...
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...had embraced the view of his friend, William Garrison, and believed that Constitution was pro-slavery. At the time Douglass and Garrison argued that the support of slavery was in the fabric of the Constitution and that this could be seen though Amendment I section II (the Three Fifths Compromise), Amendment I section IX (the Prohibition of the Slave Trade), Amendment I section VIII (the power of Congress), and Amendment IX section VIII (the Fugitive Slave...
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...the Law Lovetta Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials...
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...National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles required an animus agreement from the states. The Articles made the National Congress weak on purpose. Having just won independence from Great Britain, many Americans feared that creating a strong federal government with too much authority over the states would only replace King George III with another tyrant. Instead, they envisioned Congress to be a supervisory body that would tie the...
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...Mediator Qualification Paper “Confidentiality in mediation is based upon a complex combination of constitutional rights including the First Amendment: free speech/the right of the public to know; the Fourth Amendment: the right to be left alone; the Fifth Amendment: granting protection from incriminating oneself; and the Fourteenth Amendment: liberty rights to make individual and family decisions. In addition, tort law protects parties from invasion of privacy by others.”(para.1 etc) Therefore my opinion on the confidentiality versus good-faith requirement controversy, which applies to Texas, has bitter sweet results. It seems that courts can use confidentiality and good faith when they find it appropriate to obtain what they want. Therefore to me it does not meet the confidentiality fundamental basics of the First, Fourth, and fifth Amendments. According to, “Texas courts of appeals have consistently held that orders to mediate in good faith are void in the face of the state’s confidentiality statutes.47 According to one Texas Court of Appeals: “While a court may compel parties to participate in mediation, it cannot compel the parties to negotiate in good faith or to settle their dispute,” and the ADR statutes require “that communications and records made in an ADR procedure remain confidential; consequently, the manner in which the participants negotiate should not be disclosed to the trial court” (para. 1 etc). Is there one statute or regulation that covers all mediators...
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...Unit I: Essay Exam: Reconstruction & Rise of Industry US History Since 1877 Professor Valdenia Winn February 14, 2013 According to Dictionary.com, radical means: 1. Of or going to the root or origin; fundamental: a radical difference. 2. Thoroughgoing or extreme, especially as regards change from accepted or traditional forms. Historians identified Congressional Reconstruction as “radical” because of how the South tried to elude the Thirteenth Amendment. Because of these extreme circumstances the federal government had to intervene, which at that point made it radical to most historians. The root of the problem was slavery and the problem solver was the Thirteenth, Fourteenth and Fifteenth Amendments. The Thirteenth Amendment prohibited slavery. The Fourteenth Amendment established national citizenship for persons born or naturalized in the United States. It also prohibited the states from depriving citizens of their civil rights or equal protection under the law as well as reduced state representation in the House of Representatives by the percentage of adult male citizens denied the vote. The Fifteenth Amendment forbade states to deny citizens the right to vote on the grounds of race, color, or “previous condition of servitude”. Another problem solver was the establishment of the Freedmen’s Bureau, which was there to aid former slaves get on their feet and supervise “all relief and educational activities relating to refugees and...
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...Congress met for the first time on May 10, 1775 less than one month after the battles of Lexington and concord. On July 4 1776 the colonies declared independence of the United States from Great Britain. Each state would have to give up some of its power the states were afraid of giving up control for the government had had too much control in Britain. Daniel shays was a farmer rebellion leader and helped demand for help from new England. The first meeting was held in Philly on of the groups were feds and the other anti-feds. Virginia Plan Proposals 1. Legislature - bicameral (two houses of Congress) 2. Both houses based on population 3. Lower house - elected by the people 4. Upper house - elected by lower house 5. Three branches - executive, judicial, legislative6. Judicial and executive - both could veto laws 7. Congress could force a state to abide by federal laws. Smaller states objected to Proposal 2 of the Virginia Plan. It called for both houses of Congress to be based on population. The small states believed the large states would have too many representatives in both houses of Congress. The smaller states developed another proposal called the New Jersey Plan. New Jersey Plan Proposals 1. Unicameral (one house) legislature - all states equal. 2. Federal government - slightly increased power 3. Plural executive - elected by Congress 4. only one federal court The first attempt at self-government under the Articles of Confederation was ineffective. The Anti-Federalists...
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...Daniel DeWolfe F Block Age of Reform Essay In the original 13 Colonies there was 4 million people, living in quiet little agricultural settlements, but once the Industrial Revolution hit the United States people started to move inward to cities and started going west. The nation’s rapid expansion had an enormous effect on American politics and the United States Government more than you’d think. A big issue of discussion was did settlers going west have the same rights as they did back in the original 13 Colonies. After that was solved the different regions were being to grow a strong animosity to each other, mostly the North and the South, because of sectionalism. Political leaders at the time were trying their best to avoid any type...
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...On September 17, 1789, the U.S. Constitution was ratified and made law. In this essay we are going to take a look at the Bill of Rights and the amendments. We will be reviewing how and why the amendments become part of the Constitution, what problems the original document motivated the adoption of the Bill of Rights, what are the effects of the Bill of Rights, what problems with the original document, or changes in society led to later amendments. All of these are very necessary and fun topics to address. Now let’s take a look. There are multiple ways for trying to add an amendment to the U.S Constitution, creating it into law. One way is to propose the amendment in the U.S. Congress who is the law-making body of the United States. Congress is composed of two houses, the House of Representative and the Senate. The amendment must be approved by at least two-thirds of both houses. If they then approve the amendment it is sent to the legislatures of each state of the union. Then all state legislatures must approve the amendment by three-fourths vote. After all is approved, the amendment then becomes law. If vote was not passed in any of the houses the amendment will fail to become law. An amendment is made to the constitution when it is necessary for change while still preserving what the constitution represents. The original document called for a stronger and centralized American government. Antifederalists believed this centralized government would be tyrannical. They believed...
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...century the Bill of Rights held little to no real significant value as shown in the Barron v. Baltimore case. Due to the Barron v. Baltimore case, the Supreme Court changed dramatically in the twentieth century, which led to the process known as incorporation. Upon completion of reading this essay you should have a general understanding of the origin of the Bill of Rights, the original ruling of the naturalization of the Bill of Rights along with the incorporation process. Implementing the incorporation/ naturalization process was a great idea....
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...regarding the legitimacy of the document. It was argued that the Patriot Act was in violation with the First, Fourth and Fifth Amendments of the Bill of Rights. Especially the alleged violations regarding the Fourth Amendment were heavily debated. To determine...
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...The United States Constitution overcame the weaknesses of the Articles of Confederation and provided organization for the new government. In the 1780’s, the United States composed their first form of government after the colonists won the Revolutionary War against the British. This first form of government was known as The Articles of Confederation, which gave power to the states and created a unicameral legislature. A new constitution was made at the constitutional convention, which formulated many different compromises such as The Great Compromise, and the Three-Fifths compromise. Some people believed that the Constitution should be ratified, and some people thought it should not be, these people became known as federalists and antifederalists. While the articles of confederation created the first form of government for the states, it had many flaws. Some of these were resolved at the Constitutional Convention by creating many compromises, but people known as anti-federalists still thought that the constitution should not be ratified. This was solved by...
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