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Check Out Our Fifth Amendment Essay

Introduction:

Civilization cannot be introduced in the society without respecting the civil rights. U.S government had amended their laws in 1791 by introducing the Bill of Rights which actually protects the basic civil rights. Each amendment has been sketched by realizing the humanity, social structure and the society therein. Therefore, the Bill of Rights was the first step toward civilization, because, it enforced the law of humanity and human integrity.

The bill and the amendments have plainly safeguarded the rights of the people of United States. It is fact that entire Bill of Rights has actually changed the life of U.S citizens but the most important and most influential amendment was Fifth Amendment. Because, it talked about the equality of justice for everyone and rule of law and reduction in cruel treatment by the law enforcement agencies in United States.

Fifth Amendment:

Fifth ratified law of Bill of Rights has affected the current life of U.S citizens. It prohibits the excessive bail and cruel and unusual punishment. This amendment includes, no excessive bail or excessive fines shell be imposed and no cruel and unusual punishments should be inflicted specially before conviction. This law is also relates to the free judicial system and equality. Moreover, it dens the unusual punishments, excessive bails and fines which is another example of fairness that is influencing the life of people of the United States ("Cornell University Law School").

What historical events led to its adoption?

The unfairness, injustice and the interdiction of basic human rights were the events which led to the adoption of Fifth Amendment. As the other amendments took place like that the Fifth Amendment was the important part of series of amendments. It was need of the time to overcome the federalists and prevalence of law and justice. The amendments had protected the natural human rights like freedom of speech, free press, free assembly and justice for all. In addition, the 13th, 14th, and 15th amendments are also renowned as the constitutional legacies of reconstruction. The amendments were prepared in consideration of every kind of freedom with equal rights under the law, especially to overcome the turmoil and injustice in the society.

How has the Supreme Court interpreted the Amendment since it was adopted? 

The Supreme Court has interpreted the amendment with its letter and spirit and it was adopted and is perused as it was articulated. The amendment spells out as "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." As it spells out it is implements accordingly.

Describe at least two court cases relevant to the Amendment.

There are many court cases which reflect the Fifth Amendment's affect. But, the most embarking one are Chambers V Florida and Hiibel vs. Sixth Judicial District Court of Nevada.

Chambers V Florida:

In the court of Thurgood Marshall on January 6, 1940 four black men were convicted for murder of a white man in Florida.

During the case proceedings they were not informed about their right to keep silence and to contact for legal aid and legal advisor. The police had prosecuted them without having lawyer or any other legal aid. They had been questioned randomly by ten police officers even other members of the community. Eventually they confessed the crime due to the extreme pressure of police and the community members. They had been convicted and sentenced to death.

However, afterward on February 12, 1940 the Court had given its ruling in favor of defendants. The court had rules out that the defenders were dealt by the police force compellingly. Therefore, the defendants were compelled to accept the crime. The Court had also condemned that behavior of police force and said it was completely illegal and against the Fifth Amendment ("Find Law: for legal professionalsl ").

Hiibel vs. Sixth Judicial District Court of Nevada:

This is another interesting case which clears the context of cooperation with the police officers. In this case a police officer receives a report that a man assaulted a women and he is in GMC truck.

The police officer traced the truck similar to the briefed in the report and found woman in the truck. The officer asked the man/driver about his identification and the driver persists to not to tell his identification. The police officer continuously asked about his identification and after non cooperative behavior of truck driver he was detained by the police officer with the lady sitting in the truck.  

Afterward, the man had filed a case with the name Larry Dudley Hiibel with co petitioner Mimi Hiibel the young lady sitting in the truck who was daughter of truck driver. The petitioner had been charged by non cooperative behavior and attempting to mislead the officer. Therefore, both of them were charged and fined 250$ for their non cooperative behavior.

This case clarifies that if any police officer asks you about your identification do cooperate with him. Otherwise, the said charge and fine will be applied according to the judgment and the law ("Find Law: for legal professionalsl ").

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