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Topic: Fifth Amendment

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	NARA \| The National Archives Experience
		ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
		Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
		Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
	www.archives.gov /national-archives-experience/charters/bill_of_rights_transcript.html (425 words)

	ELS - ERD - Law By Country - United States Substantive Law (Site not responding. Last check: 2007-10-15)
		The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
		The amendment was rejected by Utah (and not subsequently ratified) on February 26, 1913.
		The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
	www.law.emory.edu /FEDERAL/usconst/amend.html (2796 words)

	Fifth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure.
		In response, the Fifth Amendment, along with the rest of the Bill of Rights, was proposed by Congress in 1789.
		The just compensation provision of the Fifth Amendment did not originally apply directly to the states, but the federal courts now hold that the Fourteenth Amendment extended the effects of that provision to the states.
	en.wikipedia.org /wiki/Fifth_Amendment_to_the_United_States_Constitution (2682 words)

	Fifth - Wikipedia, the free encyclopedia
		The dominant, and the chord built on the dominant, is often simply called the fifth as it is the fifth scale degree.
		It was usually only used as a measure of an amount of hard liquor or wine, such as a fifth of vodka or tequila.
		In the United States "the Fifth" also means the Fifth Amendment to the United States Constitution.
	en.wikipedia.org /wiki/Fifth (230 words)

	CNN.com - The Supreme Court ponders coerced confessions and the Fifth Amendment - Jan. 2, 2003
		The Fifth Amendment right against compelled self-incrimination has taken three doctrinal paths that are sometimes in tension with one another.
		The Fifth Amendment right, in other words, is a trial right that ripens only at a prosecution, not a right against compelled self-incrimination per se.
		Second, outside of custody, the Fifth Amendment privilege may be eliminated by removing the risk of criminal prosecution, either through immunity or through law reform: removing the risk of prosecution thus renders the statements non-self-incriminating for Fifth Amendment purposes.
	www.cnn.com /2003/LAW/01/02/findlaw.analysis.colb.fifth/index.html (1822 words)

	Fifth Amendment to the United States Constitution
		Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, states:
		To plead the Fifth is to invoke the Fifth Amendment's protection that no person "shall be compelled in any criminal case to be a witness against himself" -- that is, to refuse to testify on the grounds that one's testimony might be taken (or mistaken) as incriminating oneself.
		Through the Fourteenth Amendment, the United States Supreme Court has applied all of the Fifth Amendment's guarantees, except the grand jury requirement, to state governments as well.
	www.fact-index.com /f/fi/fifth_amendment_to_the_united_states_constitution.html (223 words)

	Search the Opinions of the US Supreme Court
		Did the Fifth Circuit commit legal error in rejecting Banks' Brady claim— that the prosecution suppressed material witness impeachment evidence that prejudiced him in the penalty phase of his trial--on the grounds that: (a) the evidence supporting the claim was procedurally defaulted, notwithstanding the fact that, like in Strickler v.
		Did the Fifth Circuit err in refusing to consider Bank's jury discrimination claim--virtually identical to one this Court is consider Bank's jury discrimination claim-- virtually identical to one this Court is considering in Miller-El v.
		Whether a violation of the Fifth Amendment, potentially resulting in an award of civil damages, occurs at the time of the purported coercive the constitutionally violative statement in a criminal proceeding.
	neuro.law.cornell.edu /supct/search/search.html?query=fifth+and+... (2563 words)

	HANDGUN PROHIBITION AND THE ORIGINAL MEANING OF THE SECOND AMENDMENT
		The evidence to be examined must include: the literal language of the second amendment; the history of its proposal and ratification; the philosophical and historical background that gave rise to the Founders' belief in "the necessity of an armed populace to effect popular sovereignty";[30] and the contemporary understanding of the second amendment.
		The purpose of the second amendment was simply to place the states' organized military forces beyond the federal government's power to disarm, guaranteeing that the states would always have sufficient force at their command to nullify federal impositions on their rights and to resist by arms if necessary.
		The second amendment, then, was a response to the perceived lack of individual rights guarantees, not, as state's right proponents contend,[86] a reaction to the standing army and militia control provisions of article I, section 8.
	www.guncite.com /journals/kmich.html (16862 words)

	Refusal to Test
		A driver who has been arrested for a DUI drinking/driving offense has the "choice" of submitting to a blood alcohol test, which may yield incriminating results, or refusing the test with the consequences of license revocation and the admission of that refusal as evidence in the criminal trial.
		Rather, the Fifth Amendment privilege only protects the individual from being compelled to provide evidence of a testimonial or communicative nature.
		Although the Fifth Amendment does not protect the actual test results, additional statements made at the moment of refusal may be protected, as they could be considered testimonial or communicative in nature.
	www.dui1.com /Dui_Lawyers_Driving17.htm (1226 words)

	Welcome to Pacific Legal Foundation (Site not responding. Last check: 2007-10-15)
		Based on that determination and the established presumption that ESA was to be enforced “whatever the cost,” the federal and state water projects, for the next three years, halved the annual water allocation to the districts and farmers, and doubled the annual charge the districts and farmers paid for the water.
		The water users filed suit against the federal government alleging that the reduction of water was a “taking” of private property under the Fifth Amendment that entitled them to compensation for their losses caused when the water was not delivered.
		David Stirling is vice president of Pacific Legal Foundation PLF’s brief in the Tulare Lake Basin case urged the Fifth Amendment rationale the Court adopted in its judgment.
	pacificlegal.org /view_Commentaries.asp?iID=150&...+the+Fifth+Amendment (1133 words)

	Divorce Source: FIFTH AMENDMENT ISSUES IN DIVORCE CASES
		If a spouse invokes a fifth amendment privilege regarding questions about adultery, a court is free to impose a variety of sanctions against that spouse, including the denial of affirmative relief.
		Where a party takes the Fifth Amendment in a dissolution action and thereby conceals pertinent information, the party is not entitled to affirmative relief when timely objection is made.
		If a witness's claim of privilege is upheld by a court, the fifth amendment does not forbid adverse inferences against parties to civil actions when a witness refused to testify.
	www.divorcesource.com /research/dl/divorcelaws/94jan15.shtml (2195 words)

	Implied Consent
		DUI lawyers strive to remind courts that the Fourth Amendment of the United States Constitution states that, "the right of the people to be secure against unreasonable searches and seizures, shall not be violated." Although valid arguments have been raised regarding this right in DUI cases, such arguments have been repeatedly rejected.
		Fifth Amendment challenges have been brought in many cases, such as when a DUI suspect submitted to a chemical test or refused chemical testing.
		The Fifth Amendment should have protected the DUI defendant in this case, but the court wouldn’t allow it.
	www.dui1.com /Dui_Lawyers_Driving19.htm (902 words)

	The U.S. Constitution Online - USConstitution.net
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		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.
		In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
	www.usconstitution.net /const.html (5189 words)

	Bill of Rights
		The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
		Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
	www.constitution.org /billofr_.htm (508 words)

	THE SECOND AMENDMENT AND THE PERSONAL RIGHT TO ARMS (Site not responding. Last check: 2007-10-15)
		Rather, the Second Amendment adheres to the guarantee of the right of the people to keep and bear arms as the predicate for the other provision to which it speaks, i.e., the provision respecting a militia, as distinct from a standing army separately subject to congressional regulation and control.
		Indeed, it is only with respect to the Second Amendment that the current state of the law is roughly the same as was the state of the law with respect to the First Amendment's guarantees of freedom of speech and of the press as recently as 1904.
		[47] The Second Amendment was originally the fourth amendment of twelve approved by the requisite two-thirds of both houses of Congress in 1789 and at once submitted for ratification by the state legislatures.
	www.guncite.com /journals/vanalful.html (6449 words)

	[No title]
		In view of this, if the rule of the Miller case is general and complete, the result would follow that, under present day conditions, the federal government would be empowered only to regulate the possession or use of weapons such as a flintlock musket or a matchlock harquebus.
		We are of the view that, as applied to the appellant, the Federal Firearms Act does not conflict with the Second Amendment to the Constitution of the United States.
		It is clear that in enacting the Federal Firearms Act Congress was exercising the power conferred upon it by the commerce clause, but it is equally clear that Congress meant to deal comprehensively with the subject and to exert all the power which it had in respect thereto.
	www.cs.cmu.edu /afs/cs.cmu.edu/user/wbardwel/public/nfalist/cases_v_us.txt (2084 words)

	"Fifth Amendment" Defined & Explained
		The Fifth Amendment 'can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory; and it protects against any disclosures which the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used.' Kastigar v.
		The only way the Fifth Amendment can be asserted as to testimony is on a question-by-question basis.
		Bell, 448 F.2d 40, 42 (9th Cir.'71) (Fifth Amendment challenge premature on appeal from enforcement order; appellant must present himself for questioning after enforcement and as to each question elect to raise or not to raise the defense).
	www.lectlaw.com /def/f083.htm (233 words)

	Boston.com / News / Local / Conn. / Witnesses seek Fifth Amendment protections (Site not responding. Last check: 2007-10-15)
		The state's former director of homeland security informed the House committee investigating Gov. John G. Rowland that he is invoking his Fifth Amendment privilege against self-incrimination.
		John Wayne Fox, D-Stamford, the other co-chairman, said he's not sure DeRosa is entitled to claim Fifth Amendment protection from complying with all areas of the subpoena.
		DeRosa, a 20-year-veteran of the state police, retired March 1 as director of the state homeland security agency after it was revealed that his auto dealership violated state police regulations.
	www.boston.com /news/local/connecticut/articles/2004/03/10/witnesses_seek_fifth_amendment_protections (697 words)

	FindLaw: U.S. Constitution: Twenty-Fifth Amendment
		Congress finally proposed this Amendment to the States in the aftermath of President Kennedy's assassination, with the Vice Presidency vacant and a President who had previously had a heart attack.
		This Amendment saw multiple use during the 1970s and resulted for the first time in our history in the accession to the Presidency and Vice-Presidency of two men who had not faced the voters in a national election.
		Hearings were held upon the nomination by the Senate Rules Committee and the House Judiciary Committee, both Houses thereafter confirmed the nomination, and the new Vice President took the oath of office December 6, 1973.
	caselaw.lp.findlaw.com /data/constitution/amendment25 (547 words)

	Self-Incrimination \| Fifth Amendment \| Plead the Fifth \| Questia.com Online Library (Site not responding. Last check: 2007-10-15)
		Amendment does not prohibit all self-incrimination but only compelled self...
		Amendments privilege against self- incrimination is not an adjunct to the ascertainment...
		Amendment privilege against self-incrimination in the light of reserved natural...
	questia.com /library/.../constitutional-history/self-incrimination.jsp (585 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		These victims have been denied their Fifth Amendment rights and thus from the protection our forefathers intended for citizens under attack from the government.
		Troescher's Fifth Amendment claims were not defeated simply because he feared prosecution for tax crimes.
		Wilson's order denying the IRS Motion to Compel was not only in compliance with the ruling of the higher court, but the judge rendered specifics of the protection achieved from the Fifth Amendment in the case.
	freedompage.home.mindspring.com /The5th.htm (437 words)

	The Fifth Amendment
		This Act may be called the Constitution (Fifth Amendment) Act 1976.
		The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:-
		Amendment of the Fourth Schedule to the Constitution.
	www.pakistani.org /pakistan/constitution/amendments/5amendment.html (1485 words)

	From Revolution to Reconstruction: Outlines: American History (1994): Chapter Four: Ratification and the Bill of Rights ...
		Indeed, five states, including Massachusetts, ratified the Constitution on the condition that such amendments be added immediately.
		Congress quickly adopted 12 such amendments; by December 1791, enough states had ratified 10 amendments to make them part of the Constitution.
		Although a number of the subsequent amendments revised the federal government's structure and operations, most followed the precedent established by the Bill of Rights and expanded individual rights and freedoms.
	odur.let.rug.nl /~usa/H/1994/ch4_p6.htm (675 words)

	The Constitution of the United States of America (Site not responding. Last check: 2007-10-15)
		Connecticut,\45\ the Court rejected an argument that the Fourteenth Amendment incorporated all the provisions of the first eight Amendments as limitations on the States and enunciated the due process theory under which most of those Amendments do now apply to the States.
		By contrast, the Fifth Amendment's privilege against self-incrimination is not an adjunct to the ascertainment of truth.
		The result was apparently a constitutionally compelled one arising from the Fifth Amendment itself, 378 U.S. at 75- 80, rather than one taken pursuant to the Court's supervisory power as Justice Harlan would have preferred.
	www.gpoaccess.gov /constitution/html/amdt5.html (11369 words)

	Open Directory - Science: Social Sciences: Political Science: Comparative Politics: American Government: Civil ... (Site not responding. Last check: 2007-10-15)
		The Fifth Amendment and Takings of Private Property - Includes information on the eminent domain clause in the Fifth Amendment, which states that a municipality may seize property only after "just" compensation.
		Fifth Amendment Issues in Divorce Cases - Provides that no person can be compelled to give evidence against them in divorce proceedings.
		The Fifth Amendment, Self-Incrimination, and Gun Registration - Information on mandatory gun registration and the infamous U.S. v.
	www.dmoz.org /Science/Social_Sciences/Political_Science/Comparative_Politics/American_Government/Civil_Liberties/Fifth_Amendment (284 words)

	Miranda v. Arizona
		Texas, 380 U.S. Today, then, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.
		The Fifth Amendment privilege is so fundamental to our system of constitutional rule and the expedient of giving an adequate warning as to the availability of the privilege so simple, we will not pause to inquire in individual cases whether the defendant was aware of his rights without a warning being given.
		Thus he was not effectively apprised of his Fifth Amendment privilege or of his right to have counsel present and his statements are inadmissible.
	www.tourolaw.edu /patch/Miranda (17353 words)

	Tainted by Torture - How evidence obtained through coercion is undermining the legal war on terrorism. By Phillip Carter (Site not responding. Last check: 2007-10-15)
		Amendment's guarantee of due process preclude the use of a defendant's coerced statement against him in criminal court.
		Furthermore, the Supreme Court suggested in its landmark Fifth Amendment case, Oregon v.
		Elstad, that it might exclude evidence gathered after the use of any coercion, regardless of attempts by police and prosecutors to offset the coercion with measures like a Miranda warning.
	slate.msn.com /id/2100543 (1186 words)

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