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Topic: Fifth Amendment to the United States Constitution


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  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.
United States, 369 U.S. An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution, United States v.
United States, 284 U.S.), the Supreme Court held that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof and love of a fact which the other does not".
en.wikipedia.org /wiki/Fifth_Amendment_to_the_United_States_Constitution   (3501 words)

  
 Fifth Amendment to the United States Constitution   (Site not responding. Last check: 2007-11-02)
The Fifth Amendment refers to being put in "jeopardy of life or limb." The clause, however, has been interpreted as providing protection regarding "every indictment or information charging a party with a known and defined crime or misdemeanor." The clause, it has been held, does not protect separate trials by different governments.
United States '' (1978), it was held that "it should make no difference that the reviewing court, rather than the trial court, determined the evidence to be insufficient." Another exception arises in cases of conviction for lesser offenses.
Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings.
www.serebella.com /encyclopedia/article-Fifth_Amendment_to_the_United_States_Constitution.html   (2339 words)

  
 ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States   (Site not responding. Last check: 2007-11-02)
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.
The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
www.law.emory.edu /FEDERAL/usconst/amend.html   (2848 words)

  
 The Constitution of the United States of America
The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
www.midnightbeach.com /jon/US-Constitution.htm   (4025 words)

  
 Fifth Amendment – A Grammatical Appraisal – by William D. Gwinn
The Fifth Amendment discusses – among other issues – legal protocol as it relates to persons who are suspected, accused, or formally charged in relation to commission of a crime.
Since the amendment discusses this in the context of a "criminal case," it suggests that the person is obligated to testify and even to incriminate himself in an actual trial.
Neither the Fifth Amendment nor any state law of which we are aware, specifically mandates any government in America to compel a person to testify against themselves in a criminal case.
www.ccel.us /Fifth.html   (1841 words)

  
 1 of 10 DOCUMENTS
Pursuant to the clause of the Eighth Amendment to the United States Constitution which provides that excessive bail shall not be required, when the government has admitted that its only interest is in preventing flight, bail must be set by a court at the sum designed to insure that goal, and no more.
In the United States, liberty is the norm, and detention prior to a criminal trial, or without trial, is the carefully limited exception.
United States, 350 U.S. We have approved of postarrest regulatory detention of juveniles when they present a continuing danger to the community.
www.ipsn.org /court_cases/us_v_salerno.htm   (6739 words)

  
 United States v Salerno et al.
The District Court (1) granted the government's motion for pretrial detention under the Act on the grounds of dangerousness, and (2) expressed the view that the evidence of the two defendants' present danger to the community was overwhelming (631 F Supp 1364).
The majority's untenable conclusion that the present Act is constitutional arises from a specious denial of the role of the Bail Clause and the Due Process Clause in protecting the invaluable guarantee afforded by the presumption of innocence.
United States, 156 U.S. Our society's belief, reinforced over the centuries, that all are innocent [***46] until the state has proved them to be guilty, like the companion principle that guilt must be proved beyond a reasonable doubt, is "implicit in the concept of ordered liberty," Palko v.
www.ipsn.org /court_cases/us_v_salerno_no_86-87.htm   (10131 words)

  
 Georgetown Environmental Law & Policy Institute   (Site not responding. Last check: 2007-11-02)
United States, 364 U.S. 40, 49 (1960), is `to bar Government from forcing some people alone to bear public burdens, which in all fairness and justice, should be borne by the public as a whole';
To bar an award of damages under this Act, the United States shall have the burden of proof to establish that the use or proposed use of the property is a nuisance.
No action may be filed in a court of the United States to enforce the provisions of this title on or after the date occurring 6 years after the date of the submission of the applicable private property taking impact analysis to the Office of Management and Budget.
www.law.georgetown.edu /gelpi/takings/congress/s781.htm   (3764 words)

  
 Anti-Tax Law Evasion Schemes - Law and Arguments (Section IV)
The Law: The Thirteenth Amendment to the United States Constitution prohibits slavery within the United States, as well as the imposition of involuntary servitude, except as punishment for a crime of which a person shall have been duly convicted.
Contention: The Sixteenth Amendment to the United States Constitution was not properly ratified, thus the federal income tax laws are unconstitutional.
This argument is based on the premise that all federal income tax laws are unconstitutional because the Sixteenth Amendment was not officially ratified, or because the State of Ohio was not properly a state at the time of ratification.
www.irs.gov /businesses/small/article/0,,id=106507,00.html   (1889 words)

  
 The United States Constitution - The U.S. Constitution Online - USConstitution.net
Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
www.usconstitution.net /const.html   (5187 words)

  
 The Fifth Amendment: Article V: United States Constitution   (Site not responding. Last check: 2007-11-02)
The Fifth Amendment is part of the Bill of Rights and it holds that individuals cannot be required to give the government information which may be used against them in criminal cases.
Since the population is generally ignorant as to the nature of their rights and their constitutional protections, the federal government continues to get away with the biggest scam in United States history; they've done so for over eighty years.
The government of the United States of America, through its agency the Internal Revenue Service, supported by a court system that deliberately ignores the law in tax cases, is requiring individuals to waive their Fifth Amendment protected rights to provide information on April 15, that may be used against the individual criminally.
www.anti-irs.com /Conklin/wc019.htm   (421 words)

  
 Representative Ted Poe, 2nd District of Texas
FIFTH AMENDMENT OF THE UNITED STATES CONSTITUTION -- (House of Representatives - June 24, 2005)
This is the fifth amendment of the Constitution, Mr.
This simple amendment does not permit government to take our homes and give it to some private entity, some private developer to build a parking lot.
www.house.gov /poe/remarks/fifthamend62405.htm   (198 words)

  
 Court TV Casefiles: Mumia Abu-Jamal's Lawsuit Against NPR
He stated, "[w]e in fact made a decision not to go ahead with those commentaries because we thought it was not good journalism to put somebody on the air in the role of a kind of Anthony Lewis on public radio." He went on to say that Mr.
There is a significant and substantial nexus between NPR and the governments of the United States and individual States and significant and substantial involvement with and influence over the management of NPR by the governments of the United States and individual States.
Jamal constitute attempts to suppress his political views and the viewpoints that he publicly symbolizes, in violation of the First and Fifth Amendments to the United States Constitution.
www.courttv.com /archive/casefiles/mumia/nprsuit.html   (4902 words)

  
 State v. Pierson (Summary Disposition Order)
On appeal, Pierson argues that the lower court erred by enforcing an administrative subpoena because the subpoena violated (1) the fourth amendment to the United States Constitution
OCP argues that Pierson failed to raise the constitutional issues in the proceedings below and, thus, the constitutional issues are waived.
In the alternative, OCP argues that the subpoena did not violate the fourth amendment to the United States Constitution and article I, section 7 of the Hawai`i Constitution, and the fifth amendment to the United States Constitution and article I, section 5 of the Hawai`i Constitution.
www.hawaii.gov /jud/23586sdo.htm   (226 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)

  
 Amendment or Legislation?
Fifth Amendment of the United States Constitution states that the government may take private property only for a “public use.” Despite the Constitution’s plain language, the United States Supreme Court recently declared in Kelo v.
After effectively rewriting the Fifth Amendment by substituting the words “public purpose” for “public use,” the Supreme Court announced that states may provide more protection for property owners than the limited protection the United States Constitution now provides.
A constitutional amendment provides enduring protection because, unlike legislation, which the Assembly can easily change, the Assembly cannot change a constitutional amendment without the people’s consent.
www.baconsrebellion.com /Issues05/09-05/Hopkins.php   (832 words)

  
 Land Use: Takings
The Fifth Amendment of the United States Constitution guards a private landowner from the government taking his or her property without just compensation.
Mahon (260 U.S. 393 (1922) Holmes ruled that if a land regulation was so restrictive that the landowner was robbed of economic viability of his or her land, the regulation constituted a taking under the Fifth Amendment.
When the state of South Carolina passed a Beachfront Management Act to control sand erosion, landowner David Lucas was prohibited from rebuilding his home, which was destroyed by Hurricane Hugo.
www.facsnet.org /tools/env_luse/nat10takings.php3   (842 words)

  
 [No title]   (Site not responding. Last check: 2007-11-02)
Associates brought an inverse condemnation suit against the Township under 42 U.S.C. ยง l983 and the Fifth Amendment of the United States Constitution.
The complaint alleged both a regulatory taking and a physical taking, and it sought damages or in the alternative an injunction directing the Township to zone the entire Lot l2 "commercial" and permit reasonable access to the property.
Although the statute does not explicitly reference inverse condemnation actions, New Jersey decisional law indicates it is the proper statute of limitations in such cases.
vls.law.vill.edu /locator/3d/Nov1996/96a1463p.txt   (1605 words)

  
 "Regulatory Takings" under the Fifth Amendment
On February 26, 2001, one year and one day from the date of the Rhode Island Supreme Court decision in the same case, the United States Supreme Court heard oral argument in a case that could have significant impact on the treatment of "regulatory takings" under the Fifth Amendment to the United States Constitution.
In the mid-seventies the state changed the designation of the property from "marshlands" to "wetlands." The development of wetlands is essentially prohibited by recently enacted environmental regulations.
The United States Supreme Court agreed to hear the case on those three issues.
www.cfif.org /htdocs/legal_issues/archive/legal_updates_regulatory.htm   (454 words)

  
 No. 41a: CASE STUDY: CONSTITUTIONAL GREENWAY DEDICATION REQUIRES "ROUGH PROPORTIONALITY" TO DEVELOPMENT'S ...   (Site not responding. Last check: 2007-11-02)
As cited by the United States Supreme Court in the case of Dolan v.
According to the United States Supreme Court in the case of Dolan v.
As described by the United States Supreme Court in the case of Dolan v.
classweb.gmu.edu /jkozlows/ceu41a.htm   (485 words)

  
 The Fifth Amendment's reputation takes a hit
Goshen — Once upon a time, the Fifth Amendment to the United States Constitution had a lofty position.
But citing one's Fifth Amendment right to not testify against yourself is a legal protection that should not be sneered at, lawyers said yesterday.
The publicity surrounding cases like White's and now the Enron case cast the Fifth Amendment in a bad light.
www.recordonline.com /archive/2002/02/12/tofifth.htm   (352 words)

  
 Michigan Association of REALTORS®   (Site not responding. Last check: 2007-11-02)
Kelo’s and the Derys’ perfectly serviceable homes for use by another private entity was permissible as a “public use” within the meaning of the Fifth Amendment to the United States Constitution.
Some of these requirements have been established as a matter of state constitutional law….The United States Supreme Court actually referenced the Michigan Supreme Court’s 2004 decision in County of Wayne v Hathcock in 2004 as one such example of “further restrictions”.
While it is difficult to understand how the United States Supreme Court reached its conclusion in the New London case, the Michigan Constitution protects its citizens from having their property taken by the government for use by another private owner.
www.mirealtors.com /News/realtor/080105/080105_legallines.html   (2111 words)

  
 United States House of Representatives, 109th Congress, 2nd Session: Educational Links
A list of Early Congressional Documents from the Constitutional Convention and the Continental Congress.
The full text amendments 11 through 27 to the Constitution that have been ratified.
The full text of amendments to the Constitution that have been proposed but not ratified.
www.house.gov /Constitution/Amend.html   (126 words)

  
 Untitled Document   (Site not responding. Last check: 2007-11-02)
Constitution spells out these protections to guarantee that everyone is treated fairly under the law.
States Constitution was drafted, as well as the arguments behind the inclusion of the Fifth Amendment in
the first ten amendments to the Constitution (the Bill of Rights).
www.mindspring.com /~brynaj/fifth.htm   (174 words)

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