Saturday, August 21, 2010

What are some cases where the Fifth Amendment failed or didn't help?

I want to know certain cases, maybe a site, where it shows how a criminal got away due to double jeopardy. Or maybe where the fifth amendment was violated if someones land was taken away.





I also need to know any cases the Fifth Amendment helped?What are some cases where the Fifth Amendment failed or didn't help?
For 5th Amendment cases that helped, see:





Nollan v. California Coastal Commission (which found a taking when there was no ';nexus'; between a proposed land development and the exaction that was imposed on the property);





Dolan v. City of Tigard (which found a taking when there was a nexus between the proposed land development and the exaction imposed on the property, but there was no ';rough proportionality'; between them);





For cases where the 5th Amendment didn't save the day, see:





Kelo v. New London, where the Supreme Court basically said it was OK for a city government to kick people out of their homes, give their land to a private developer, and pay those who were displaced essentially whatever they (and the court) deemed appropriate. This was justified in the eyes of the Court because of the ';public benefit'; of the increased tax revenue generated by the redeveloped land. In my view, it was a failure of the Court to uphold the property owners' 5th Amendment rights.





You can Google these cases for further detail. Good luck.

No comments:

Post a Comment