Fifth Amendment to the Constitution of the United States - Essay Example

Comments (0) Cite this document
This essay taliks thatthe Fifth Amendment to the Constitution states that no person shall be “deprived of life, liberty or property without due process of law”. But in the case of Fuentes v Shevin, appellants’ household goods were seized under the pre-judgment replevin provisions of Florida law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
Fifth Amendment to the Constitution of the United States
Read TextPreview

Extract of sample "Fifth Amendment to the Constitution of the United States"

The Fifth Amendment to the Constitution of the United s The Fifth Amendment to the Constitution s that no person shall be “deprived of life, liberty or property without due process of law” (Constitution:11). But in the case of Fuentes v Shevin, appellants’ household goods were seized under the pre-judgment replevin provisions of Florida law.( According to these provisions, the Sheriff could seize private property through a summary process, when an ex parte application was filed with the court clerk together with the posting of a bond for double the value of the property to be seized. The law further stated that the owners would have to repossess their property by putting in their claim within three days and paying double the value of the property with the Court. The Appellants filed their suit on the grounds that there had been an abuse of the Fourteenth Amendment, since their property had been seized without “due process of law” and this case has become a landmark case of sorts in ensuring that an opportunity is provided to the person whose property is being seized to appear before the Court and plead his case.
In the case of Fuentes v Shevin, the Court held in favor of the Appellants, finding that their Fifth and Fourteenth amendment rights had been violated under the Constitution, since their property had been seized without due processes of law. The Fifth Amendment to the U.S. Constitution guarantees this right, which indicates that every opportunity must be provided to the person whose property is being seized to justify his position. The judgment on this case spelt out the procedures associated with “due process” as follows: “
Parties whose rights are to be affected are entitled to be heard; and in order that
they may enjoy that right they must first be notified….. It is equally fundamental that
the right to notice and an opportunity to be heard "must be granted at a meaningful time
and in a meaningful manner." (Fuentes, 31)
Therefore, due process of law involves giving the affected party the right to a hearing before the property is seized. But a hearing is not always constituted to be a necessary requirement of execution of the due process clause. There are certain cases where an ex parte complaint may be sufficient procedural notice to justify seizure of property. In Fuentes v Shevin, these were identified as (a) being necessary to secure important Government interest (b) there is a special need for prompt seizure and (c) there is some overriding circumstance that justifies such an action.
In the case of Mitchell v WT Grant Co(1974) the Judge decided that the standards of Fuentes v Shevin did not apply in that case because there was no direct violation of the fourteenth amendment, while in the case of North Georgia Connecticut v Doehr(1991), Justice Powell stated that procedural due process could also be satisfied on the “factual basis of the need to resort to a remedy.” Therefore in some cases, the procedural due process of law under the Fifth Amendment would be deemed to have been satisfied under extenuating circumstances. This is an extremely important aspect to be considered, because all too often, criminals have invoked the Fifth Amendment as a means to avoid answering for their crimes. Under the tough criminal atmosphere that prevails today, the question of the individual liberty to remain silent under incriminating circumstances or to have the right to demand due process such as a hearing before legal action can be taken, is subject to debate. Individual freedom must be upheld at all costs, however there are certain constraints that must be imposed. When extenuating circumstances exist that necessitate action against a criminal, even through seizure of property, then there must be provision within the law to allow for those extenuating circumstances, in the interest of successful law enforcement. This is necessary, so that individuals avoid taking the Fifth Amendment as the cloak to escape indictment for their crimes.

References cited:
The Constitution of the United States of America. (1977) United States Government Printing Office, pp 11
Connecticut v. Doehr (1991). 501 US 1, 115 L. Ed. 2d 1 (1991)
Fuentes vs. Shevin. (1972). 407 U.S. 67. [Online] Available at:; accessed 11/1/2005
Mitchell v WT Grant Co. (1974) 416 US 600 Read More
Cite this document
  • APA
  • MLA
(“Fifth Amendment to the Constitution of the United States Essay”, n.d.)
Retrieved de
(Fifth Amendment to the Constitution of the United States Essay)
“Fifth Amendment to the Constitution of the United States Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Fifth Amendment to the Constitution of the United States

The United States Constitution

...?The United s Constitution The United s Constitution is the foundation stone of freedom in America which unites the government to the philosophical ideals made clear in The Declaration of Independence (Natelson, 2009). The United States is considered as one of the most successful leader of human freedom and prosperity around the world (Natelson, 2009). The constitution is composed of a preamble, the main body, and amendments (, The Constitution of the United States). This very important body of laws sets up the...
3 Pages(750 words)Essay

Illinois and United States constitution

...of the federal government and the states, citizens and any other group of people within the United States of America. It was embraced on September 17, 1781 following the Constitutional convention in Philadelphia, Pennsylvania and endorsed by the conventions established in each of the US state for the good of the people. The US constitution is the oldest written constitution that is still in use in any nation of the world. It has been amended twenty-seven times2. Basically the Illinois State government is modeled after the federal government and the constitution of the...
7 Pages(1750 words)Essay

The Fifth Amendment Coursework

...The Fifth Amendment Why should government be limited on how and when it asks questions? If law enforcement will merely be based on “government agents' ability to obtain confessions from those suspected of committing crimes or knowing who did” (Harr, Hess, and Orthmann 324), there will be a great danger to the civil liberty of the people because the doors of abuse are open. This is why it is necessary that the government is limited on how and when it asks questions. First, the Fifth Amendment states that: “No person compelled in any criminal case to be a witness against himself” (Harr, Hess, and Orthmann 324). If the government is not limited...
3 Pages(750 words)Coursework

United States Constitution like. In addressing these questions about the implications of understanding humanness, it is wise to keep in mind the end results of whichever study about Human Nature. This will be necessarily be limited by the focus of the investigation and the techniques used. ( Jeeves, 1). It is good to understand what American development is before we go deep into the subject. American Political development is the study of American political growth from a historical viewpoint. And on the the hand when we talk about institution it all paints the picture of customs, practices, or organization, frequently rooted in the rules and law that defines and structures political and social activities. United States of...
5 Pages(1250 words)Essay

United States Constitution

...clauses, poll taxes and outright recalcitrance, to deny them the right of sufferage. The United States Constitution did not inclusively mention the female gender, or women did not become inclusive into the American body politic until 1920., When the nineteenth amendment was fully ratified. When approaching the question of what is the difference between the two In this instance there are two problems; one is racism and the other is sexism, However, there are also additional commonalities, the practice which both of them lay suspect too is perpetrated by the dominant white male status quo, who pander discrimination,...
2 Pages(500 words)Essay

The First Amendment to the Constitution of the United States

...The First Amendment to the Constitution of the United s The First Amendment to the Constitution of the United s imparts to every citizen,the right to freedom of religion and worship. This First Amendment right was later supplemented in the case of Native Americans through the passage of legislation such as the American Indian religious Freedom Act (AIFRA) adopted in 1978 and the Native American Graves Protection and Repatriation Act, which upheld the rights of the Native Americans to freely practice their religion, with concomitant observance of all necessary religious rituals and ceremonies. The Native American Graves...
3 Pages(750 words)Essay

The united States Constitution

...1865, the amendment was adopted the same year on 6th December (GPO-CONAN 1793-4). Section 1 of the 13th amendment explicitly maintains the abolishment of slavery and involuntary servitude from all parts of the country, as well as the territories outside the USA under American jurisdiction, in these words: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (GPO-CONAN 1796). In Civil Rights Cases, 109 U.S. 3, 20 (1883), the Supreme Court held that the amendment under-examination concentrates upon the...
2 Pages(500 words)Essay

The united States Constitution

...the representatives to be elected by districts. The first federal statute on elections was approved in 1870 to enforce the amendment to guarantee against racial discrimination when granting suffrage rights. Following this amendment, bribery, false registration, false returns of votes and interference of voting processes were made illegal. The amendment also provided for the appointment of judges who would be present at the poling registration places. Their role would be to challenge a person who unlawfully registers or votes. The legislation to protect the right to vote in all elections whether state, federal or local has since been enacted (“CRS Annotated...
2 Pages(500 words)Essay

Fifth Amendment Confessions and Interrogations

...Cases that have to do with The Fifth Amendment United s v. Mitchell This case considered two of the Fifth Amendment privileges that are related to criminals’ defendants’ rights against self-incrimination in the Federal District Court. The case raised several questions regarding the Fifth Amendment and interrogation. For example, may adverse inferences drawn from the defendants’ silence when these courts are determining the facts that are related to crimes that will affect the particular severity of the sentence? Along with co-defendants, Amanda Mitchell was indicted for a count conspiracy to distribute almost five...
5 Pages(1250 words)Research Paper

Fifth Amendment: Self-Incrimination

...Fifth Amendment: Self-Incrimination affiliation Fifth Amendment: Self-Incrimination Self-incrimination is the action of accusing oneself in an unlawful event or exposing oneself to unlawful trial. Self-incrimination happens voluntarily or as a result of questioning. Moreover, the Fifth Amendment to the United States Constitution defends individuals from being obliged to implicate oneself. This right is entrenched in the refusal of Puritans’ to work together with interrogators in the seventeenth century England. They were frequently tortured or coerced into admitting their religious associations, and if one remains silent, then he is assumed as guilty. This idea of self-incrimination was brought in the United States by the Puritans... . In...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Fifth Amendment to the Constitution of the United States for FREE!

Contact Us