5th Amendment Right of Persons,
FIFTH AMENDMENT
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.
Answer:
Under Article 12 of the Revised Penal Code, a person is exempt from criminal liability if he acts under the compulsion of an irresistible force, or under the impulse of an uncontrollable fear of equal or greater injury, because such person does not act with freedom.
Answer:
In re Gault 387 U.S. 1 (1967)
Explanation:
In this, was the case of Gerald Gault, a fifteen year old boy, who was accused by his neighbor, Mrs Cook, to have made inappropriate phone calls to her in June 1964.
When the woman filed the a compliant at the court, young Gault and his friend, Ronald, were arrested and remanded at the detention home for children in Arizona. When Mrs Gault, the mother of Gerald came to the detention home to see her son, she was informed of the issue for the first time and was also told of the hearing that would be coming up.
The probation officers agreed and filed a case that listed the charge as lewd phone call. The judge committed Gault to juvenile detention until he gets to the age of 21. Writ of habeas corpus was filed by the parents of Gerald but the courts in Arizona dismissed it. Supreme court ruling held that juveniles accused of delinquent acts have many of the same rights afforded to adults under the 6th and 14th amendments
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