 | |
| Author | Leonard W. Levy |
|---|---|
| Subject | Legal history, Fifth Amendment to the United States Constitution |
| Publisher | Oxford University Press |
Publication date | 1968 [1] |
| Pages | 561 |
| OCLC | 439176 |
Origins of the Fifth Amendment: The Right Against Self-Incrimination by American historian Leonard W. Levy (Oxford University Press, 1968) [2] won the 1969 Pulitzer Prize for History. It followed in the wake of the 1966 United States Supreme Court Opinion Miranda v. Arizona . The book was reissued in 1986 and 1999.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions.
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The Twenty-fifth Amendment to the United States Constitution addresses issues related to presidential succession and disability.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation via the Due Process Clause of the Fourteenth Amendment of 1868.
A constitutional referendum was held in France on 24 September 2000. The proposal to reduce the mandate of the President from seven years to five years was approved by 73.2% of those who voted, but turnout was just 30.2%.
The Fifth Amendment to the Constitution of Pakistan was adopted on 5 September 1976, by the elected Parliament of Pakistan under the democratic government of Zulfikar Ali Bhutto.
Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the Bill of Rights.
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), is a U.S. Supreme Court case that limited access to federal court for plaintiffs alleging uncompensated takings of private property under the Fifth Amendment. In June 2019, this case was overruled in part by the Court's decision in Knick v. Township of Scott, Pennsylvania.
Schmerber v. California, 384 U.S. 757 (1966), was a landmark United States Supreme Court case in which the Court clarified the application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment right against self-incrimination for searches that intrude into the human body. Until Schmerber, the Supreme Court had not yet clarified whether state police officers must procure a search warrant before taking blood samples from criminal suspects. Likewise, the Court had not yet clarified whether blood evidence taken against the wishes of a criminal suspect may be used against that suspect in the course of a criminal prosecution.
Bartkus v. Illinois, 359 U.S. 121 (1959), is a decision of the U.S. Supreme Court. The decision held that coordination of federal officials with state officials did not implicate the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution. It also held that a defendant may be acquitted of a federal crime and convicted of a state crime, even if those crimes share the same evidence, without violating the Due Process Clause of the Fourteenth Amendment.
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.
Williams v. Florida, 399 U.S. 78 (1970), is a United States Supreme Court case in which the Court held that the Fifth Amendment does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution, and that the Sixth Amendment does not require a jury to have 12 members.
The Constitution Act, 2017 was a proposed amendment to the Constitution of Pakistan which called for an increase in pension payments for the widows of judges. The amendment was approved by the standing committee of the National Assembly of Pakistan in February 2017. The bill was never adopted and never became part of Constitution of Pakistan as an amendment.
American Lithographic Co. v. Werkmeister, 221 U.S. 603 (1911), was a United States Supreme Court case in which the Court held that a corporation defendant in a suit to enforce copyright infringement penalties is not entitled to a Fourth or Fifth Amendment objection to the admission of its bookkeeping entries into evidence when they are produced under a subpoena duces tecum.
The 2019 European Parliament election in Lithuania was held on 26 May 2019 to elect delegation from Lithuania to the European Parliament. It was part of the wider 2019 European election. The second round of the 2019 Lithuanian presidential election took place at the same time.
Houston Community College System v. Wilson, 595 U.S. ___ (2022), is a United States Supreme Court case involving the First Amendment to the United States Constitution. The unanimous Court held that a local government board member's freedom of speech was not abridged when he was verbally censured by his colleagues.
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