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    Wednesday, 25 May 2016

    5th Amendment of American Constitution

    1. Rights in Criminal Cases

    No person shall be4 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  the 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, private property be taken for public use without just compensation Amendment 5 to the Constitution of United States of America.

    2. The Criminal trial

    In instances where the person is to be deprived of his physical liberty for a substantial period of time, a trial in required. The criminal trial process must include all the safeguards of the Bill of Rights as well as being a fair adjudicatory process. When the individual is to be penalized for some infraction of civil law through a judicial action, there is also the requirement that the trial process be a fair one.

    3. Deprivation of Liberty

    There are two distinct way in which a person may be deprived of liberty;
    i.                 First, the government might deprive the person of his freedom of action by physically restraining him.
    ii.                Second, the government might limit someone’s freedom of choice and action by making it impossible or illegal for that person to engage in certain types of activity.

    4. Loss of Physical Liberty

    Before an individual is subjected to punishment upon a criminal charge, he must receive a full trial in conformity with many constitutional safeguards or waive those rights.

    The guarantees of the fourth, fifth, sixth, and eighth amendment’s restrict the ways in which the government may investigate as well as prosecute someone for a criminal charge.

    5. Neutral decision-maker.

    If life,l liberty or property is at stake, the individual has a right to a fare procedure. The question then focuses on the nature of the “process” that is due. In all instances the state must adhere to previously declared rules for adjudicating the claim or at least not deviate from them in a manner which is unfair to the individual against whom the action is to be taken. The government always has the obligation of providing a neutral decision maker one—who is not inherently biased against the individual or who has personal interest in the outcome.

    6. The application of due process clause

    The due process clauses apply only if a government action will constitute the impairment of some individual’s life, liberty or property. Where government actions adversely affect an individual but do not constitute a denial of that individual’s life, liberty or property, the government does not have to give the person any hearing or process whatsoever.

    7. Judicial Definition of “Life Liberty or Property.”

    Since 1972 a majority of the justices have chosen to take quite literally, and restrictively, the concept that due process applices only to life, liberty or property. In recent years the decision have narrowly construed these terms so that the government may take some actions adversely affecting people without having to give them any procedure to insure a fair treatment of their interests Thus, the court has allowed the government to injure someone’s reputation or terminate his employment without a hearing since a majority of the justices did not find liberty or property present in the facts of those individual cases.

    When on life, liberty or property interest is at stake, a state is free to deny privileges to individuals without any hearing and , therefore, on an arbitrary basis.

    9. Specific Constitutional Limitation on the adjudicatory process

    When the government is required to establish some procedure concerning individual deprivations of life, liberty or property the scope of permissible procedures is sometimes limited by specific constitutional guarantees.

    10. Right to an impartial decision maker.

    The essential guarantee of the process clause is that of fairness. The procedure must be fundamentally fair to the individual in the resolution of the factual and legal basis for government actions which deprive him of life, liberty or property.

    11. Personal monetary interest

    The supreme court has strictly enforced this right and held that decision makers are constitutionally unacceptable where they have a personal monetary interest in the outcome of the adjudication or where they are professional competitors of the individual.

    12. Form of the Hearing or Process

    If there is a deprivation of life, liberty or property which is based on disputed facts or issues, then the individual whose interests are affected must be granted a fair procedure before a fair decision maker.

    13. Loss of Liberty though Civil Process.

    When the state seeks to impose physical restraints of significant duration on a person it must afford him fair procedure to determine the basis and legality of such a deprivation of liberty.

    14. Commitment for Mental care

    When the state seeks to commit someone for mental care on an involuntary basis, it must establish a fair procedure for determining that the individual is dangerous to himself or others due to a mental problem.

    15. Enforcement of Debtor-Creditor Relationships

    When a creditor uses government-enforced procedures to take the property of his alleged debtor, the debtor-defendant is deprived of a constitutionally significant interest in property. Once the creditor has established his claim through a trial, the debtor has been accorded due process of law and the state may aid the creditor to enforce his judgment.
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    Item Reviewed: 5th Amendment of American Constitution Rating: 5 Reviewed By: Usman Ali
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