![]() This rule, often called the "due process clause", has been interpreted by the Supreme Court to grant a variety of protections to citizens. ![]() Second, the Fifth Amendment requires governments to consistently and fairly apply the law.These three protections are considered to be critical to balancing the rights of the accused and the effective functioning of the justice system, and they are among the most litigated provisions of the Constitution. ![]() (This is why, if someone accused of a crime refuses to talk about it, they're said to be "pleading the Fifth".) First, it guarantees several protections for those accused of crimes - if they are charged under federal law, a grand jury must indict them it enshrines the "double jeopardy" rule, which prevents the government from re-charging a person with the same crime if they've already been found innocent once and it prohibits the government from forcing a person charged with a crime to testify about the crime in court. The Fifth Amendment covers several different topics.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 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. These new technologies have prompted a vigorous debate about what kind of information is protected under the Constitution.įor more, see the National Constitution Center. Although it has always affected the everyday activities of police, the Fourth Amendment has become more prominent in the last few years with the rise of sophisticated information-collecting devices like drones.The Amendment applies to everyone, from local police officers to federal agencies like the FBI and NSA. It restricts what law enforcement can do and what kind of information they can collect about citizens. This Amendment has had a massive effect on the operation of the American criminal justice system.57, at 80 (2000) (Thomas, J.The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. I would apply strict scrutiny to the infringements of fundamental rights. The opinions of the plurality, Justice Kennedy, and Justice Souter recognize such a right, but curiously none of them articulates the appropriate standard of review. ![]() In his concurring opinion, Justice Thomas accurately points out that the Court did not apply the strict scrutiny a fundamental right requires: e would be hesitant to hold that specific nonparental visitation statutes violate the Due Process Clause as a per se matter. The Supreme Court vacated the earlier strict scrutiny test that required proof of harm before the government could interfere with parental rights, instead granting to judges the power to balance parental rights on a case-by-case basis:į a parent's decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parent's own determination.
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