THE FIFTH AMENDMENT

The Fifth Amendment

The Fifth Amendment

The Fifth Amendment guarantees the right to a jury trial except in military and admiralty courts, establishes protections against double jeopardy, assures that no person can be forced to incriminate themselves in a court of law, mandates that no one shall be “deprived of life, liberty, or property, without due process of law; and mandates that “just compensation” shall be provided in cases in which the government takes over private property for public use (eminent domain).

Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense.

The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once. It also reduces the possibility of someone innocent being found guilty. The double jeopardy clause of the Fifth Amendment embodies three protections to criminal defendants; (1) it protects against second punishment for the same offense after acquittal, (2) it protects against second punishment for the same offense after conviction, and (3) it protects against multiple punishments for the same offense. (Adams, Judith)

The Court held that prosecutors could not use statements stemming from custodial interrogation of defendants unless they demonstrated the use of procedural safeguards effective to secure the privilege against self-incrimination. The Court noted that the modern practice of in-custody interrogation is psychologically rather than physically oriented and that the blood of the accused is not the only hallmark of an unconstitutional inquisition. The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations. (Hartley et al)

At the second trial, the evidence showed that he participated in the 1970 "Columbus Day bombings", including the bombing of the federal building at Rochester. Prior to the first trial, the Government filed with the trial court a notice alleging that DiFrancesco was a dangerous special offender.

The notice recited the Government's intention to seek enhanced sentences on racketeering counts in the event DiFrancesco was convicted at trial. After he was found guilty, a dangerous ...