What right is protected by the Fifth Amendment?

Answer 1

What is a "protected property interest" under the Fifth Amendment Fifth Amendment: No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation This question addresses the protected property interest as it applies to the due process clause.In analyzing a procedural due process issue, there are three questions that need to be answered in determining if the government must give the citizen due process procedures. (Remember, the minimum procedural protections they get if due process applies are: notice, opportunity to respond, and a neutral decision-maker).Checklist to determine if the individual is entitled to due process protection: * Is there state action?

* Is there a deprivation of life, liberty, or property?

* If the answer to the above two is yes, then how much process is due?

James walked out of the Giant Food Store without paying for a Snickers candy bar. He was caught and banned from the store. The store detective didn't even allow him to give his side of the story; he intended to pay for it but forgot that he put it in his coat pocket. He's considering bringing a lawsuit against Giant for denying him due process of law. Will he have a viable case?No, there was no state action. The due process protections apply only to government action, not private action. Giant does not need to provide him notice, opportunity to respond, or a neutral decision-maker. Compare: If James had been a soldier shopping in the military commissary, then the government would have to provide him procedures pursuant to the Due Process clause. The military commissary is a government entity and that government entity is depriving him of an employment benefit (a protected property interest). Now let's address the question of what is protected property: The Definition of Property: Property designates those things that are commonly recognized as being the possessions of a person or group. Important types of property include real property (land), personal property (other physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). A right of ownership is associated with property that establishes the good as being "one's own thing" in relation to other individuals or groups, assuring the owner the right to dispense with the property in a manner he or she sees fit, whether to use or not to use it, exclude others from using, or to transfer ownership. For there to be a Due Process Clause protected property interest, there must be a legitimate claim of entitlement to the property. For instance, do you think there is an entitlement to welfare payments or are these a benefit?Let's assume thatNew York City has decided to terminate Aid to Dependent Children benefits because the social worker assigned to monitor this mother concluded that the mother does not meet the criteria to receive them. The issue would be: Does the Due Process Clause require the City to conduct a hearing (in which she can explain why they should not stop the payments) before they discontinue her welfare payments? To decide this, we must first answer the question: Is this a property interest protected by the Due Process Clause, i.e., is she entitled to these payments or are they better defined as a benefit/gratuity? If they are something the recipient is entitled to, then they are protected property and the Due Process clause demands that she get procedural protections before she is deprived of her property, i.e., the hearing. If they are a benefit and not an entitlement, they are not considered a protected property interest; then the Due Process Clause does not kick in so she doesn't get the hearing at all. In case you're curious, the Supreme Court considered welfare benefits as protected property interests (an entitlement) and required a hearing before the benefits were terminated. Goldberg v. Kelly, 397 U.S. 254 (1970).

Answer 2

"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 offence 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."

http://civilliberty.about.com/od/lawenforcementterrorism/p/5th_amendment.htm

or in other words have a 'fair trial'....

Answer 3

• Freedom of Religion . .Freedom of the Press. • Freedom of Assembly. • Freedom to petition the government. freedom of speach. Congress shall make no laws . . . abridging the freedom of speech. Examples of freedom of speech.