The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights; the Fifth Amendment applies to every level of the government, including the federal and local levels, as well as any corporation, private enterprise, group, or individual, or any foreign government in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense; the self-incrimination clause provides various protections against self-incrimination, including the right of an individual to not serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a colloquial term used to invoke the self-incrimination clause when witnesses decline to answer questions where the answers might incriminate them.
In the 1966 case of Miranda v. Arizona, the Supreme Court held that the self-incrimination clause requires the police to issue a Miranda warning to criminal suspects interrogated while under police custody; the Fifth Amendment contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation." Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law." The Fifth Amendment's due process clause applies to the federal government, while the Fourteenth Amendment's due process clause applies to state governments. The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, substantive due process, which protects certain fundamental rights from government interference.
The Supreme Court has held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to the Fourteenth Amendment's Equal Protection Clause. The amendment as proposed by Congress in 1789 reads as follows: 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. On June 8, 1789, Congressman James Madison introduced several proposed constitutional amendments during a speech to the House of Representatives, his draft language that became the Fifth Amendment was as follows:No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense. This draft was edited by Congress. After approval by Congress, the amendment was ratified by the states on December 15, 1791 as part of the Bill of Rights.
Every one of the five clauses in the final amendment appeared in Madison's draft, in their final order those clauses are the Grand Jury Clause, the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, the Takings Clause. The grand jury is a pre-constitutional common law institution, a constitutional fixture in its own right embracing common law; the process applies to the states to the extent that the states have incorporated grand juries and/or common law. Most states have an alternative civil process. "Although state systems of criminal procedure differ among themselves, the grand jury is guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming majority of the States." Branzburg v. Hayes 1972. Grand juries, which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings.
For example, the exclusionary rule does not apply to certain evidence presented to a grand jury. An individual does not have the right to have an attorney present in the grand jury room during hearings. An individual would have such a right during questioning by the police while in custody, but an individual testifying before a grand jury is free to le
Hapsford is a village and former civil parish, now in the parish of Dunham-on-the-Hill and Hapsford, in the unitary authority of Cheshire West and Chester and the ceremonial county of Cheshire, England. It is located on the A5117 road, with Helsby to the east and the village of Elton, near Ellesmere Port, to the north west. Junction 14 of the M56 motorway and Chester services motorway service station are sited nearby. At the 2001 Census the population of Hapsford civil parish was recorded as 129, increasing to 133 at the 2011 census; the civil parish was abolished in 2015 to form Dunham-on-the-Hill and Hapsford, part went to Manley. Listed buildings in Hapsford Media related to Hapsford at Wikimedia Commons
Fae Myenne Ng is an American novelist, short story writer. She is a first-generation Chinese American author whose debut novel Bone told the story of three Chinese American daughters growing up in her real childhood hometown of San Francisco Chinatown, her work has received support from the American Academy of Arts & Letters' Rome Prize, the Lila Wallace Reader's Digest Writers' Award, the National Endowment for the Arts, the Lannan Foundation, The Radcliffe Institute. She has held residencies at Yaddo, McDowell, the Djerassi Foundation, she is the daughter of a laborer, who immigrated from Guangzhou, China. She attended the University of California-Berkeley, received her M. F. A. at Columbia University. Ng has supported herself by working at other temporary jobs, she teaches UC Berkeley AAADS 20C. Her short stories have appeared in the American Voice, City Lights Review, Crescent Review, Harper's, she teaches at UC Berkeley and UCLA in the English and Asian American Studies departments. Nominated and finalist for the PEN/Faulkner Award, for Bone grant by the National Endowment for the Arts.
2008 American Book Award for Steer Toward Rock 2009 Guggenheim Fellowship Bone, Hyperion, 1993 Steer Toward Rock. Hyperion. 2008. ISBN 978-0-7868-6097-5. Fae Myenne Ng. Jessica Tarahata Hagedorn, ed.. Charlie Chan is dead: an anthology of contemporary Asian American fiction. Penguin Books. ISBN 978-0-14-023111-3. Sylvia Watanabe, Carol Bruchac, eds.. Home to stay: Asian American women's fiction. Greenfield Review Press. ISBN 978-0-912678-76-4. CS1 maint: uses editors parameter Shawn Wong, ed.. Asian American literature: a brief introduction and anthology. HarperCollins College Pub. ISBN 978-0-673-46977-9. In Steer Toward Rock, Ng takes her time, says what she means to say, stares complication straight in the face, stares it down. One feels her attacking this fiction-writing business as if it's the most important chance any of us will get to put the truth on paper, one is left—it can't be helped—in awe of her talent. University of Minnesota biography and review "Author Interviews: Fae Myenne Ng", August 14, 2008 Author Interview regarding Bone http://faemyenneng.com/