Video instructions and help with filling out and completing Can Form 8815 Amended

Instructions and Help about Can Form 8815 Amended

Hey guys welcome to hip Hughes history we're going to take care of the fifth amendment for you in about the next ten minutes one of the most important amendments of the Bill of Rights in fact if I had to rank it I'd rank at the top ten as we continue for the Constitution for dummies series I'm not calling you dummy because I love you and I love the learning so giddyup your attention all right you guys know how this works if we're going to talk about the works if we're going to break it down you need to know the words so maestro music please 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 of an actual service in time of war or public danger nor shall any person be subject for the same offense to be twice within 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 so we can basically break this up guys into five parts we're going to take a look at what a grand jury is and what that means then we'll take a look at the idea of a double jeopardy really important in there one of the biggest idea of course is your right to remain silent we'll discuss that and then we're going to take a look at the due process clause which mean we importante and then we're going to take your land for just compensation so let's break it up let's do it five pieces you know you can handle it so grand jury what is the grand jury it's really simple at first you need to know it's only for federal government there are state grand juries but it's up to the state the Supreme Court has never selectively incorporated this part of the Fifth Amendment meaning they haven't used the 14th Amendment's no state shall deny it's a Due Process Clause to apply grand juries to the States so only to the federal government and not in times of military trials and things like that you heard that in the amendment this only applies to federal crimes for infamous crimes meaning felonies that's how the Supreme Court has defined this so if you commit a felony and it's a federal crime you get a grand jury so what the hey is a grand jury a grand jury comes before you're indicted before you are arrested in a sense it's supposed to protect you against overzealous prosecutors if you're my neighbor and let's say you're you know 18 19 you party all the time you're playing your kid music and you're doing the tweakin or the twerkin or whatever that is and I'm a cranky old man you know I could really mess with you if I didn't have to go to a grand jury I could just arrest you for yeah that would screw you right you have to get a lawyer your family and friends wouldn't be looking at your cross-eyed your girlfriend would leave you or your boyfriend would leave you no one would love you you'd be living in a van down by the side of the river it's Chris Farley joke but needless to say you do need to go to a grand jury to avoid that and the grand jury is basically like a regular jury they listen to the prosecutor and the evidence now you don't get to bring your defense lawyer in there and certain rules apply that are much more broad there's no exclusionary rule on a grand jury so if you found evidence illegally it's all good baby but basically it's just to make sure that if I'm going to go forward that there's some type of reasonable suspicion there's some type of evidence there's enough evidence for a trial I'm not just getting you because I don't like the twerkin is it the tweak in the twerkin so that's what a grand jury is now most states don't do grand juries most states have what's called preliminary hearings you've probably seen this on law and order where you present it to a so a little bit different for the state giddyup here we go I think I'm going to do jeopardy jeopardy don't we all right you've seen the movie double jeopardy then you could just fast-forward this part but double jeopardy basically means that I get one swing at the back with you in terms of a trial if I arrest you if I arrest you for murder and then you are convicted or acquitted that's it I've had my shot I either got sure I didn't get you so in its very most basic form it's just to protect you against multiple prosecutions now if it's a mistrial it depends on who calls the mistrial but generally mis trials can generally lead to new trials unless it's prosecutorial you know misconduct like the prosecutor is cheating or lying and there's a mistrial then the prosecutor doesn't get another chance there's also some pretty strict rules in terms of that I can't charge you let's say you murder three people in a crime right why don't I just charge it for murder once if you get off I'll just charge it for murder again for the second person then if you get off again then I'll charge you for the third murder three different murders three different trials no I think it's for the blockburger rule after a famous Supreme Court case that says if the crimes are tied you have to try them at once you can't