Landmark Cases: Barron V. Baltimore

808 Words4 Pages

The fifth amendment is possibly one of the most underrated yet incredibly important amendments in the constitution. The fifth amendment gives rights relevant to both civil and criminal proceedings, the most well known being the protection against self-incrimination and the “double-jeopardy” clause. The rights given in the fifth amendment have proven to be important, yet controversial over the years in this country’s justice system. The fifth amendment gives various personal liberties involving the court system. It protects a person from being used as a witness against him or herself in a criminal case. In addition, the amendment prohibits government officials from abusing their authority during legal proceedings. It also protects individuals …show more content…

Baltimore. Barron v. Baltimore presents an example of how the fifth amendment works and what it protects. In 1833, John Barron claimed that “the city of Baltimore had deprived him of his property in violation of the fifth amendment”(Alex McBride, “Landmark Cases- Barron v. Baltimore(1833)”, PBS). Due to destruction of his wharf caused by a nearby construction project, Barron chose to sue the mayor of Baltimore for damages. The judge on the case came to a conclusion that affected the way the fifth amendment was interpreted and enforced. Chief Justice John Marshall stated that “Barron had no claim against the state under the Bill of Rights because the Bill of Rights does not apply to the states”(Alex McBride, “Landmark Cases- Barron v. Baltimore(1833)”, PBS). This decision affected the justice system and the way citizens viewed, and continue to view, the fifth …show more content…

Arkansas. Charges were brought against Alex Blueford in January of 2011, for the murder of his girlfriend’s 20 month old son. However, Blueford had already been charged for the murder, resulting in a mistrial. Once Blueford was aware of the repeating charge, he argued that allowing a retrial would violate the “double-jeopardy” clause found in the fifth amendment. This case offered insight on a part of the fifth amendment that is extremely important to individuals. Blueford v. Arkansas provides a specific example of how the fifth amendment protects individuals who might otherwise be convicted without

Show More
Open Document