By: Zach Michel, Robert Middleton, Michael Nellius

The 5th Amendment and Due Process of the Law

Current Interpretation

Today the 5th 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

Original Interpretation

5th 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”

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 5th amendment does not limit Congress’ power to seize property with just compensation to any specific purpose.

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 5th Amendment’s taking clause

Connecticut Supreme Court held that the taking of property counted as “public use”

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 4th amendment because there was no warrant obtained to run the thermal imaging

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.”

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

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

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

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

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

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 4th and 14th

amendments Courts ruled against her citing there was

“reasonableness” to conclude a search

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

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

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

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

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

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

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

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.

Article about the 5th Amendment Part of the 5th 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 5th” http://articles.latimes.com/1995-09-13/news/m

n-45352_1_randy-weaver

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?

Video

http://www.teachersdomain.org/resource/bf09.socst.us.const.miranda/

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