Daily Archives: September 1, 2014

Wildstein takes the 5th
David Wildstein invokes his Fifth Amendment right against self-incrimination and refused to answer questions before a state Assembly committee investigating the lanes closures at the GWB.

By: NorthJersey

Read more from the original source:
Wildstein takes the 5th - Video

Fifth Amendment: Protection against abuse of government authorityWhat is the Fifth Amendment?No person shall be 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 in actual service in time of War or public danger; nor shall any person be subject for the same offense 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, or property, without due process of law; nor shall private property be taken for public use, without just compensationThe Fifth Amendment Defined:The Fifth Amendment stems from English Common Law and traces back to the Magna Carta in 1215.The Fifth Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 5th Amendment:The Fifth Amendment is asserted in any proceeding, whether civil, criminal, administrative, judicial, investigatory, or adjudicatory. The Fifth Amendment protects against all disclosures where the witness reasonably believes the evidence can be used in a criminal prosecution and can lead to the spawning of other evidence that might be used against the individual.The Fifth Amendment guarantees an American individual the right to trial by Grand Jury for specific crimes, the right not to be tried and subsequently punished more than once for the same crime, the right to be tried with only due process of the law and the right to be awarded fair compensation for any property seized by the government for public use.The Fifth Amendment also guarantees the individual the right to refrain from self-incrimination by pleading the fifth to any questions or inquiries that may give way to an additional punishment or the notion of a guilty plea.State Timeline for Ratification of the Bill of RightsNew Jersey:November 20, 1789; rejected article IIMaryland:December 19, 1789; approved allNorth Carolina:December 22, 1789; approved allSouth Carolina: January 19, 1790; approved allNew Hampshire: January 25, 1790; rejected article IIDelaware: January 28, 1790; rejected article INew York: February 27, 1790; rejected article IIPennsylvania: March 10, 1790; rejected article IIRhode Island: June 7, 1790; rejected article IIVermont: November 3, 1791; approved allVirginia: December 15, 1791; approved all

Fifth Amendment: Protection against abuse of government authorityWhat is the Fifth Amendment? No person shall be 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 in actual service in time of War or public danger; nor shall any person be subject for the same offense 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, or property, without due process of law; nor shall private property be taken for public use, without just compensation

The Fifth Amendment Defined:

The Fifth Amendment stems from English Common Law and traces back to the Magna Carta in 1215.

The Fifth Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.

The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 5th Amendment: The Fifth Amendment is asserted in any proceeding, whether civil, criminal, administrative, judicial, investigatory, or adjudicatory. The Fifth Amendment protects against all disclosures where the witness reasonably believes the evidence can be used in a criminal prosecution and can lead to the spawning of other evidence that might be used against the individual.

The Fifth Amendment guarantees an American individual the right to trial by Grand Jury for specific crimes, the right not to be tried and subsequently punished more than once for the same crime, the right to be tried with only due process of the law and the right to be awarded fair compensation for any property seized by the government for public use.

The Fifth Amendment also guarantees the individual the right to refrain from self-incrimination by pleading the fifth to any questions or inquiries that may give way to an additional punishment or the notion of a guilty plea.State Timeline for Ratification of the Bill of Rights New Jersey:November 20, 1789; rejected article II

Maryland:December 19, 1789; approved all

North Carolina:December 22, 1789; approved all

Read the original here:
5th Amendment - Laws.com

From News Tribune staff and AP wire reports

Thursday, August 28, 2014

A Missouri ballot measure that would allow allegations of past actions to be used against people facing child sexual abuse charges could lead to more wrongful convictions of the falsely accused, a prominent defense attorney said Wednesday.

The proposed constitutional amendment is backed by prosecutors, sheriffs and police chiefs groups.

It would allow past criminal acts even alleged crimes that didnt result in convictions to be used to corroborate victim testimony or demonstrate a defendants propensity to commit such crimes when people face sex-related charges involving victims younger than 18. However, the evidences admissibility is at the judges discretion, meaning if the judge doesnt think it is relevant to the matter being tried then it can not be used.

Currently the previous acts of defendants cannot be presented as evidence to a jury unless they waive their Fifth Amendment rights and testify. The past allegations can also be taken into consideration by judges during sentencing hearings after the defendant has been found guilty.

If approved by Missouri voters in November, Constitutional Amendment 2 could make it more difficult for defendants to persuade juries and judges of their innocence, said Kim Benjamin, a Belton attorney who is the past president of the Missouri Association of Criminal Defense Lawyers.

Youre now defending your entire life, your entire reputation, rather than this one act, she said. It causes a tremendous risk for more people to be wrongly convicted.

One of Benjamins most prominent clients was Burrell Mohler Sr., the patriarch of a western Missouri family who was accused along with his four sons of sexually abusing young relatives over many years. The charges ultimately were dropped in March 2012, after Mohler had spent more than two years in jail while awaiting trial.

The proposal, which was referred to the ballot by the Legislature in 2013, is a backlash against a December 2007 Missouri Supreme Court decision of State v. Ellison that struck down a state law allowing evidence of past sexual crimes to be used against people facing new sex-related charges involving victims younger than 14. Before Ellison, the Legislature had twice tried to establish legislation that would make the states statues regarding these issues mimic federal law, but both attempts were deemed unconstitutional by the Supreme Court.

Excerpt from:
Sexual abuse measure could lead to wrongful convictions, attorneys say