Friday, September 17, 2010

5th Amendment

Billionaire Stanford to Invoke the 5th amendment in fraud case. March 12th 2009.
http://dealbook.blogs.nytimes.com/2009/03/12/billionaire-stanford-to-take-the-5th-in-fraud-case/

Amendment 5 - Trial and Punishment, Compensation for Takings.
"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."

      The article talks about Robert Allen Stanford and his officials have asserted their rights to the 5th amendment rights against the federal fraud accusations brought fourth against them. He had made an investment and earned 8 million dollars. But the Stanford companies said that he stole the money and it didint belong to him. So now they are in court debating what really happened with the money. But they have no real evidence that this really didi happen so they cant take him to jail or make him do anything.

      This article connect to the 5th Amendment the the United States Constitution. In the 5th Amendment it says "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." meaning that the court or judge cant take the money back from Stanford because they have no real evidence that he stole anything. They have no eye witnesses or anything so he is off the hook.

      In my opinion the constitition made this easier on the court but harder on the defendants. What if the person really didnt do anything wrong then they are off the hook, but what if they did do something wrong to another person they are not going to get in trouble or arrest because they have no real proof. I think this amendment is working good in todays government but I dont think it is the best thing that could be done. Maybe if I was in tone of the people position then I would feel differently but im not. So inconclusion the 5th amendment is really helping americans out today.

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