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The amendment as proposed by Congress in 1789 and ratified by the states: 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 ...
The Fifth Amendment, like all the other guaranties in the first eight amendments, applies only to proceedings by the federal government (Barron v. City of Baltimore , 7 Pet. 243), and the double jeopardy therein forbidden is a second prosecution under authority of the federal government after a first trial for the same offense under the same ...
The right of union officials to exercise their Fifth Amendment rights was upheld and a significant refinement of constitutional law made when the U.S. Supreme Court reaffirmed the right of union officials to not divulge the location of union records in Curcio v. United States, 354 U.S. 118 (1957). [77]
In the United States, Miranda warnings were established from the Supreme Court case Miranda v. Arizona and upheld in Dickerson v. United States, establishing that under the Fifth Amendment to the United States Constitution, statements made by a suspect while both in police custody and directly being questioned cannot be used as evidence in trial unless they were notified of their rights to ...
When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. § 106b. [5]
Salinas v. Texas, 570 US 178 (2013), is a landmark decision of the Supreme Court of the United States, which the court held 5-4 decision, declaring that the Fifth Amendment's self-incrimination clause does not extend to defendants who simply choose to remain silent during questioning, even though no arrest has been made nor the Miranda rights read to a defendant.
private possession of obscene material protected under First Amendment Street v. New York: 394 U.S. 576 (1969) free speech, flag burning: Shapiro v. Thompson: 394 U.S. 618 (1969) Right to travel: Leary v. United States: 395 U.S. 6 (1969) Marihuana Tax Act of 1937 ruled unconstitutional under the Fifth Amendment: Red Lion Broadcasting Co. v. FCC ...
As with many other 5th amendment cases, felons and others prohibited from possessing firearms could not be compelled to incriminate themselves through registration. [3] [4] The National Firearms Act was amended after Haynes to make it apply only to those who could lawfully possess a firearm. This eliminated prosecution of prohibited persons ...