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Results for "fifth-amendment"
127
votes
. A judge could interpret a suspect's behaviour during the interview in any way he wished. If the judge was prejudiced against the suspect, this would lead to miscarriages of justice. The fifthamendment of the US Constitution should be seen particularly in the context of the Star Chamber, which was a court in the UK. It was used to prosecute dissenters and Puritans. Those brought before the court …
answered Aug 24 '17 by James K
81
votes
In a word: no. The President cannot just order someone to prison. The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed. The FifthAmendment requires felony charges to be brought by a Grand Jury. The Sixth Amendment requires trial by jury for criminal cases. …
answered Jun 21 by Joe C
77
votes
7answers
Many countries have laws that protect a suspect (or anyone else) from being forced to self-incrimination. For example USA have that codified in the fifth amendment and it's mentioned in the Miranda …
asked Aug 24 '17 by skyking
72
votes
waiving of fifth amendment rights relating to the pardoned crimes, since it would be impossible to self incriminate anymore. So there are reasons to refuse beyond "choosing to go to prison". …
answered Feb 28 by Teleka
34
votes
the concept of "least restrictive means." The fifth amendment states that no person shall be deprived of life, liberty, or property without due process of the law, while the 10th says that any power not …
answered Nov 6 '17 by Daniel Goldman
31
votes
individual but to grant authority to the US Attorney General to pursue charges against an individual, as per the Fifth Amendment: No person shall be held to answer for a capital, or otherwise … 1966 case Dennis v. United States which found the First Amendment protections that enables grand jury panel witnesses to publicly discuss their testimony allows for public dissemination of their …
answered Apr 9 by Jimmy M.
24
votes
Summary: There won't be a general election. The succession will continue to follow the line of succession as established in the Twenty-fifth Amendment to the United States Constitution. Regarding … . The Twenty-fifth Amendment states that "In case of the removal of the President", the Vice-President would succeed him/her. Article II, Section 1, Clause 6 of the Constitution states: In …
answered Jan 11 '17 by Panda
23
votes
The Twenty-fifth Amendment which deals with the succession to the Presidency establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to … and some agency heads. These people are not a part of the 25th Amendment process. Once this message is signed and sent, the Vice President immediately becomes Acting President. Step 2 …
answered Nov 11 '16 by Rathony
15
votes
3answers
The Fifth Amendment to the United States Constitution states, in part, "No person shall be ... deprived of life, liberty, or property, without due process of law." Since the 1930's, the Supreme … Court has paid particular attention to the word "due"; the Fifth Amendment is saying that a liberty cannot be infringed unless a process of law which is "due" or appropriate is undertaken. But then the …
asked Jun 23 '16 by Keshav Srinivasan
14
votes
Fifth Amendment against being compelled to incriminate themselves of a crime. The "public safety exemption" says that, in very specific circumstances, some statements given prior to Miranda warnings can …
answered Apr 24 '13 by Robert Cartaino
14
votes
was added to the U.S. Constitution, the Fifth Amendment was partly a reaction to abuses perpetrated by England’s Courts of Star Chamber, which operated from 1487 to 1681. Those courts were used to … spirit of the Fifth Amendment confers a privilege to lie. ‘[P]roper invocation of the Fifth Amendment privilege against compulsory self-incrimination allows a witness to remain silent, but not to …
answered Oct 2 by Fizz
13
votes
longest term of an Acting President? What happened, when, say, Lincoln was assassinated? Prior to the twenty-fifth amendment, which was ratified on February 10th of 1967, there was no acting president … effectively president. Or not. That's why the 25th amendment exists, to avoid these ambiguous situations. So people wouldn't have felt a need to hold out for a Lincoln recovery in that hypothetical …
answered Sep 1 '17 by Brythan
13
votes
Go to the actual text of the Fifth 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 … avoid offending the Fifth Amendment in federal cases. State cases are complicated by the additional rights afforded by the constitutions of each state, and the requirements therefore vary by state. …
answered Mar 9 by Kevin
9
votes
due process clause of the Fifth Amendment. Reichart v. Felps, 73 U.S. (6 Wall.) 160 (1868). One hundred eighty other acts omitted. … Sedition Act, in particular, violated freedom of speech in the First Amendment. The Act was allowed to expire. The Alien and Sedition Acts: Lastly, the controversial Sedition Act restricted speech …
answered Aug 16 by Rick Smith
9
votes
RNC, as per the question) is by invoking Section 4 of the Twenty-Fifth Amendment. This would require the action of the Vice President, and the collaboration of the majority of another body (I wonder if …
answered Dec 5 '18 by John

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