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5th Amendment

Amendment V: Rights in criminal cases
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 offence 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.

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How Do Due Process Protections for the Accused Protect Us All?
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The Founders paid close attention to the rights of the accused because they realized that the government had the power both to prosecute and convict. Protections were needed to guard against the government's abuse of these powers. Understanding how the Fourth, Fifth, Sixth and Eighth Amendments operate to guarantee such protection and how they work to ensure both individual liberty and limit government is vital to maintaining free citizenship. This lesson explores these amendments and the protections they provide.

Subject:
Social Science
Material Type:
Lesson Plan
Provider:
Bill of Rights Institute
Date Added:
03/22/2024
How Does the Constitution Protect Liberty?
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The Founders listed several rights guaranteed to the people in the first eight amendments of the Bill of Rights. They did not believe that this list was all encompassing, so they included the Ninth Amendment as a way to protect the rights of the people that were not listed in the first Eight. This lesson explores the nature of these unnamed rights and examines the arguments around who should interpret them, judges or the people.

Subject:
Social Science
Material Type:
Lesson Plan
Provider:
Bill of Rights Institute
Date Added:
03/22/2024
How Does the Fifth Amendment Protect Property?
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The Founders believed that property is among the natural rights governments exist to protect. One of the ways the Founders protected property rights was in the Fifth Amendment. This amendment restricts the government's ability to take property and ensures that when it does take property, it must pay for it. This lesson explores the Fifth Amendment and its applications.

Subject:
Social Science
Material Type:
Lesson Plan
Provider:
Bill of Rights Institute
Date Added:
03/22/2024
Jury Service: Our Duty and Privilege as Citizens
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In this lesson, based on the Annenberg Classroom videos âFAQs: Juries,â students learn about the importance, history, and constitutional foundations of jury service. They become familiar with federal and state juror questionnaires and jury summonses. Students also participate in an attitudinal survey about jury service.

Subject:
Social Science
Social Studies
Material Type:
Lesson Plan
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
Miranda v. Arizona (1966)
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Case background and primary source documents concerning the Supreme Court case of Miranda v. Arizona. Dealing with the Fifth and Sixth Amendments and whether or not the accused needs to be advised of their rights upon arrest, this lesson asks students to evaluate the extent to which Miranda is the fulfillment of the legal tradition of the promise against self-incrimination.

Subject:
Social Science
Material Type:
Lesson Plan
Provider:
Bill of Rights Institute
Date Added:
03/22/2024
Nollan v. California Coastal Commission (1987)
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Case background and primary source documents concerning the Supreme Court case of Nollan v. California Coastal Commission. Dealing with whether or not regulations restricting property owners' actions on their own property are protected by the Fifth Amendment, this lesson asks students why property rights are sometimes referred to as a "bundle of sticks."

Subject:
Social Science
Material Type:
Lesson Plan
Provider:
Bill of Rights Institute
Date Added:
03/22/2024
Right to Remain Silent: Miranda v. Arizona
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This documentary explores the landmark Supreme Court decision Miranda v. Arizona that said criminal suspects, at the time of their arrest but before any interrogation, must be told of their Fifth Amendment protection against self-incrimination and Sixth Amendment right to an attorney. The decision led to the familiar Miranda warning that begins âYou have the right to remain silent … â

Subject:
Social Science
Social Studies
Material Type:
Interactive
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
Timeline: Fifth Amendment
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The Fifth Amendment addresses the right to a grand jury for serious federal criminal charges, protection against double jeopardy, the right against self-incrimination, the right to due process, and the takings clause.

Subject:
Social Science
Social Studies
Material Type:
Reading
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
Timeline: Fifth Amendment – Right Against Self-Incrimination
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This provision of the Fifth Amendment protects a person from being forced to reveal to the police, prosecutor, judge, or jury any information that might subject him or her to criminal prosecution.

Subject:
Social Science
Social Studies
Material Type:
Reading
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
Timeline: Fifth Amendment – Right to Due Process
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The right of due process has grown in two directions: It affords individuals a right to a fair process (known as procedural due process) and a right to enjoy certain fundamental liberties without governmental interference (known as substantive due process). The Fifth Amendment's due process clause applies to the federal government's conduct. In 1868 the adoption of the 14th Amendment expanded the right of due process to include limits on the actions of state governments.

Subject:
Social Science
Social Studies
Material Type:
Reading
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
Timeline: Fifth Amendment – Takings Clause
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The takings clause in the Fifth Amendment strikes a balance between the rights of private property owners and the right of the government to take that property for a purpose that benefits the public at large. When the government takes private property, it is required to pay just compensation to the property owner for his or her loss.

Subject:
Social Science
Social Studies
Material Type:
Reading
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022
What Is Double Jeopardy? Legal Definition and Examples
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The legal term double jeopardy refers to the constitutional protection against being made to stand trial or face punishment more than once for the same criminal offense. The double jeopardy clause is present in the Fifth Amendment to the U. S. Constitution, which provides that “No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb.”

Subject:
Social Science
Social Studies
Material Type:
Reading
Provider:
ThoughtCo
Provider Set:
Constitution
Author:
Robert Longley
Date Added:
07/10/2024
Your Right to Remain Silent: Miranda v. Arizona
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This lesson is based on the Annenberg Classroom video âThe Right to Remain Silent: Miranda v. Arizona,â which explores the landmark Supreme Court case that made law enforcement the protectors of individual liberty where people are most vulnerable – in the interrogation room.

Subject:
Social Science
Social Studies
Material Type:
Lesson Plan
Provider:
Annenberg Foundation
Provider Set:
Annenberg Classroom
Date Added:
08/11/2022