Showing posts with label Fifth Amendment. Show all posts
Showing posts with label Fifth Amendment. Show all posts

Friday, April 17, 2020

The right of trial by jury

  One of the best things that our American ancestors did was to include the right of trial by jury in the Bill of Rights. The Fifth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial an impartial jury of the state and district wherein the crime shall have been committed.”

Saturday, March 21, 2020

As I write this, I am seeking balance in an unbalanced time

  As I write this, it is mid-morning and I’ve already washed my hands multiple times. I’ve got rubber gloves in my car now. I skipped the gym in favor of a good ‘ol driveway workout, but I paid my gym dues anyway. My law firm invested in enhanced video conferencing capabilities. My wife checked on our neighbors. This is just stuff that we all do now. But having said that, I will also say that this environment of concern and social restriction should not constitute our “new normal” – just our current state of affairs.

Friday, May 3, 2019

Trump’s border wall is an expensive, ineffective application of eminent domain

  The Trump administration has made building a wall along the southwest border a cornerstone of its overall agenda. The proposed wall has generated intense debate, and Congress—even while under unified Republican control—has repeatedly refused to appropriate the amount of money demanded by President Donald Trump to fund the project. At the end of 2018, the standoff resulted in the longest government shutdown in American history.

  As President Trump continues to blatantly misappropriate government funds—including $3.6 billion in money allocated for military construction—to build the wall, he has ignored an equally important element: land. Building the wall will require the seizure of thousands of acres of privately owned land along the border. Existing laws, namely the Fifth Amendment and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, allow the government to seize land for public use—specifically, the IIRIRA allows the government to construct border fencing. However, while Trump has referred to eminent domain as “a wonderful thing,” past experiences with the 2006 Secure Fence Act prove that massive government land takings generally are neither well-received nor easy.

Thursday, January 19, 2017

Elizabeth Slattery: As government grows, so does need for Fifth Amendment

  We're all familiar with "pleading the Fifth" - the privilege against self-incrimination. But there's a lot more to the Fifth Amendment than that.

  Along with the Sixth Amendment, it lays the foundation for how government must treat suspects - providing all of us with several protections from arbitrary and abusive government actions.

  Under its grand jury requirement governing "capital, or otherwise infamous crime," 23 jurors must decide whether there is sufficient evidence to file criminal charges and proceed with a trial in federal court. The aim is to protect citizens from over-zealous prosecutors.