The Fifth Amendment Provisions Essay

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Fifth AmendmentThe 5th Amendment to the U.S. Constitution, which is also part of the Bill of Rights, stipulates several fundamental rights including the right to a grand jury indictment in infamous or capital crimes. The right to a grand jury in this amendment implies that no individual shall be held for an infamous or capital crime unless on a formal presentation or indictment by a grand jury (Thomas, 2020). The grand jury provision of the Fifth Amendment seeks to protect citizens against the government. It is considered a tool through which a group of citizens looks at the evidence before determining whether a suspect should be charged. This right gives such a mandate to a group of individuals who form the grand jury instead of a government official. The founding fathers included the right to a grand jury provision in the Bill of Rights to protect against over-zealous prosecution by the government. Grand juries can be traced back to the early British common law where it was established to safeguard against over-zealous prosecutions by those in positions of power. The intended idea behind this provision served as the basis for its inclusion in the Bill of Rights by the founding fathers of the nation.Since the right to a grand jury is a part of the Bill of Rights, grand juries have remained to be an integral part of the U.S. criminal justice system.

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However, grand juries have attracted debates in recent…

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…5th Amendment remains one of the integral protections for criminal defendants in the judicial system. Similar to other provisions of the law, double jeopardy can be violated. An example of a scenario where this provision could be violated is when the government prosecutes an individual for an earlier incident but with a different charge. In this case, the individual would be facing prosecution for the same incident but with a different charge. Such a scenario would be tantamount to violation of the double jeopardy provision since the charges would constitute the same crime. This implies that the government would be attempting to prosecute the individual repeatedly for the same incident on the pretext of a different charge and thus violate the double….....

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