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By: Zach Michel, Robert Middleton, Michael Nellius The 5 th Amendment and Due Process of the Law.

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Presentation on theme: "By: Zach Michel, Robert Middleton, Michael Nellius The 5 th Amendment and Due Process of the Law."— Presentation transcript:

1 By: Zach Michel, Robert Middleton, Michael Nellius The 5 th Amendment and Due Process of the Law

2 Current Interpretation  Today the 5 th Amendment includes:  The right to a grand jury, no self-incrimination, no double jeopardy, right to due process, and the takings clause, and it now also includes:  Jurisdiction responsibilities  Writ of habeas corpus for non-Americans  Collection of evidence through probable cause  Jurisdiction v. sovereign powers  Cruel and unusual punishments  Insanity defenses  Juvenile sentencing

3 Original Interpretation Fifth Amendment Double Jeopardy Takings Clause Grand JuryDue Process Self Incrimination

4 5 th Amendment  “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; 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 any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”

5 BERMAN v. PARKER  A department store, Washington D.C 1954  1945, Congress created the D.C Redevelopment Agency, which was given the power to seize property with just compensation  Berman objected the seizing of his department store  The Court found that the 5 th amendment does not limit Congress’ power to seize property with just compensation to any specific purpose.

6 Kelo v. City of New London  2004, City of New London, Connecticut  Issue: New London used its eminent domain authority to take private property and sell it for private development  Owners argued and sued New London, said it violated the 5 th Amendment’s taking clause  Connecticut Supreme Court held that the taking of property counted as “public use”

7 Kyllo v United States  Kyllo's house was scanned by thermal imaging because of suspected marijuana plants.  Warrant later obtained to find the marijuana  5-4 ruled unconstitutional due to a violation of the 4 th amendment because there was no warrant obtained to run the thermal imaging

8 Gregg v Georgia  Gregg was convicted of armed robbery and sentenced to death  Argued it was cruel and unusual punishment  7-2 upheld the jury’s death sentence “It is an extreme sanction, suitable to the most extreme of crimes.”

9 Sheppard v Maxwell  convicted for killing his pregnant wife  appealed because he did not receive a fair trial because of the media that showed a video of him confessing despite the fact that he claimed innocence throughout his trial  8-1 unfair trial and needs to be a retrial because of the media exposure

10 Gideon vs. Wainwright  Bay County Circuit Court, 1962  Issue: Gideon did not have enough money to pay for a lawyer, so he had to defend himself.  Sixth Amendment’s guarantee of counsel was a fundamental right

11 Miranda vs. Arizona Maricopa County Jail, 1965 Court was called to consider if the way police were treating people in various cases were unconstitutional. Suspects were questioned by law enforcement in rooms that cut them off from the outside world Outlined necessary aspects of police warning the suspects

12 Escobedo vs. Illinois  Chicago, 1963  Issue: Police refused to let Escobedo see his lawyer  Justice Goldberg spoke for the first time of “an absolute right to remain silent”  Dealt with fifth amendment  Deals with rights of due process

13 New York vs. Quarles  A&P Supermarket, New York 1983  A police officer stopped Quarles and asked him where his gun was. Quarles responded, the police officer arrested him and then read him his Miranda rights.  The court decided that there is a “public safety” exception to the requirements that officers issue Miranda warnings to suspects

14 New Jersey vs. T.L.O  Piscataway High School, New Jersey, 1983  T.L.O was a young girl and was accused of smoking at school  The principal questioned her and searched her bag and found a bag of marijuana  T.L.O said that his violated her 4 th and 14 th amendments  Courts ruled against her citing there was “reasonableness” to conclude a search

15 Dickerson v United States  Questioned about a bank robbery and admitted to being a getaway driver in a series of robberies  The timing of the statement was questionable as to the reading of his Miranda rights  7-2 that it was unfair to not read Dickerson his rights Dickerson v United States

16 Harmelin v Michigan  650 grams of cocaine were found in Ronald Harmelin's possession  was sentenced to life in prison with no possibility for parole  5-4 Michigan the court agreed that there is no proportionality guarantee

17 Panetti v. Quarterman 2006, Texas Issue: Panetti convicted of murder, petitioned for writ of habeas corpus, said he was mentally insane District Court decided he was sane enough to be executed Question: Was Panetti sane enough to be killed? Court said he was, but sometimes a prisoner may be allowed to file a habeas corpus petition

18 Boumediene v. Bush 2007, US Naval Base at Guantanamo Bay Issue: Boumediene filed a petition for a writ of habeas corpus Originally dismissed but then allowed D.C. Circuit said the Suspension Clause only protects writ of habeas corpus as it was written in 1789 Now, it does not extend to proceedings at an military base leased from a foreign government

19 Rasul v. Bush  2003, Guantanamo Bay and Pakistan  4 Australian and British citizens were captured by the US in Pakistan and sent to Guantanamo Bay  Issue: The 4 appealed for a writ of habeas corpus which the US initially denied, saying that because Cuba has the ultimate sovereign power in Cuba, they couldn’t  Supreme Court decided that the US has enough jurisdiction in Cuba to allow a writ of habeas corpus

20 Roper v. Simmons  2004, Missouri  Issue: Is executing a minor for a crime considered “cruel and unusual”?  Missouri court was going to allow it  Appeal to the Supreme Court overturned this ruling  A 5-4 vote decided that executing a minor counted as cruel and unusual

21 Lidster v. Illinois  2003, Illinois  Police had set up a checkpoint to get information about a recent hit-and-run  In the process, they pulled over a man and arrested him for drunk driving  Issue: is it ok to arrest someone for drunk driving when the checkpoint was not set up for that purpose?  Illinois court said no, Supreme Court overturned this ruling and allowed the arrest to stand

22 Hamdi v Rumsfeld  Hamdi was arrested in Afghanistan for fighting with the Taliban for being an “enemy combatant”  He was a US citizen and put into a Virginia military prison and denied a trial  6-3 for Hamdi that he should receive a trial but an enemy combatant can be held without a trial.

23 Article about the 5 th Amendment  Part of the 5 th Amendment includes not incriminating yourself through testifying  1992, Idaho  FBI agent shot and killed the wife of an armed white supremacist  Refused to testify in court, after he was told he would not receive immunity from prosecution, and refused to give his statement  Decided to “plead the 5 th ”  45352_1_randy-weaver 45352_1_randy-weaver

24 Article Questions  Do you think that people should be allowed to not testify, even if they are an integral part of a case?  Does the right to not testify help or hinder the judicial process?  Should immunity from prosecution be a part of the judicial process?




28 Video 

29 Bibliography  Edwards, George C., Martin P. Wattenberg, and Robert L. Lineberry. "Chapter 4." Government in America: People, Politics, and Policy. Boston: Longman, 2011. Print.  Epstein., Alex. "Scotus vs. Kelo." Cox & Forkum Editorial Cartoons. Web. 18 Sept. 2011..  "Fifth Amendment: Encyclopedia of Everyday Law." ENotes - Literature Study Guides, Lesson Plans, and More. Web. 18 Sept. 2011..  Ostrow, Ronald J. "Dick Rogers Fbi | FBI Agent Declines to Testify About Siege : Senate: Man WhoKilled Randy Weaver's Wife Takes the Fifth Amendment at Hearing into the '92 Idaho Shootout. He Had Been Denied Limited Immunity. - Page 2 - Los Angeles Times." Featured Articles From The Los Angeles Times. 13 Sept. 1995. Web. 18 Sept. 2011..  The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 18 Sept. 2011..  " Cartoon." Homepage. Web. 19 Sept. 2011..  View's, Stu's. "5th Amendments." Lawyer Cartoons, Law Cartoons, Lawyer Jokes. Web. 18 Sept. 2011..

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