Fifth Amendment

1)      Source: Adapted from Insights on Law & Society 2.2 (Winter 2002): 20.

http://www.abanet.org/publiced/youth/sia/cartoons/constitution.html

2)      Constitutional Connection: Amendment 5 - Trial and Punishment, Compensation for Takings.

“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.”

This piece has a lot of important symbols included on it. The whole setting shows that this was a court case. The turkey is in shackles, which means that he was on trial. One article he holds up has the subtitles fifth amendment. The judge is making it clear to the turkey that the amendment was written for citizens. The other article has a headline with the date November twenty-fourth on it. The date of the trial was December twenty-fourth. If you put all of these together it shows how a citizen can not be put n trial for the same thing twice, according to the Fifth Amendment.

The Fifth Amendment has three major parts. The government can not take private property without paying the owner or owners, a person on trial can not be a witness against themselves and double jeopardy. Double jeopardy is a defense which states that a person can not be tried more than once for the same crime, with the same facts. Even though this was ratified in 1791, it still is living today. Scenarios like the one depicted in the cartoon really do happen.

            I think that this amendment is somewhat constitutional. Most likely if the person was fond not guilty before and the same facts come up than most likely they would be found not guilty again.. The case can be hard to figure out the first time, and they might need that second trial. By then, it would be too late. This amendment is no good if the convicted person actually committed the crime.