Question

what was the founding fathers rationale for including the 5th amendment in the bill of rights?

Answer 1

The Founding fathers rationale for including the 5^th amendment in the bill of rights was firstly the Grand Jury clause wherein the ability of the determination behind the reason for prosecution, was to be allowed to the citizens of the State, with the exception only in case of military as its second clause because the Founding fathers wished to have the military free from any control by the hands of the Grand Jury . The rationale behind this was simply the determination for the cause of prosecution and not to pass any verdict upon it. The next rationale was the inclusion of the double jeopardy clause where if the person is convicted twice for the same offense in case of two or more jurisdictions, there shall not be double jeopardy. The reason behind this was that in England, the person would be tried several times by the King’s regime until the verdict was reached which the Founding fathers felt, was not correct. Next was the inclusion of the self-incrimination clause. The Founding fathers added this clause because they realized it was wrong when in England traffic tickets infraction was allowed for an enforceable confession from the citizens which could often include a torture. Another clause was the ‘due process’ clause in order to refrain the Government from participating in citizen’s life or property. The rationale behind this was to treat the citizens in a fair manner. The sixth clause was ‘Just compensation’ because in Colonial America just like in England, the property could be seized by the Government without really compensating the owners, when the Government needed to possess the property for the infrastructural activities of the State. Therefore this clause ensures now that if the Property is taken away by the Government, a just compensation is given to the owners of the same.