Archive for the ‘Fifth Amendment’ Category

Newsmakers: John Dryden

BATAVIA After making headlines last year when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior, former Batavia High School social studies teacher John Dryden is among eight candidates running for three seats on the Batavia School Board in April.

Dryden in October retired from Batavia School District 101. Dryden has said that in the days leading up to his retirement, he was facing a disciplinary action from a parent who complained about a lesson he gave on the 9/11 terrorist attacks. Dryden said he was facing a three-day, unpaid suspension for teaching an unauthorized lesson.

The district told him he would have to use only school board-approved sources in the future, Dryden said. But, he said, the school boards only approved sources are textbooks.

In running for school board, Dryden has said that he wants to create an environment that is collaborative. He taught for Batavia School District 101 for 21 years.

There are three seats open on the Batavia School Board in Aprils election. The terms of board President Cathy Dremel, along with the terms of board members Gregg Hodge and Melanie Impastato, will expire next year.

Dremel filed to run for re-election, along with Impastato, who was appointed to the board in June 2013 after the resignation of school board member Kathleen Roberts.

Other Batavia School Board candidates include William Bill Gabriel, Ellen Knautz, Christopher Lowe, Michelle Olache and Ron Rechenmacher.

Eric Schelkopf

View post:
Newsmakers: John Dryden

All About – Fifth Amendment to the United States Constitution (Extended) – Video


All About - Fifth Amendment to the United States Constitution (Extended)
What is Fifth Amendment to the United States Constitution? A report all about Fifth Amendment to the United States Constitution for homework/assignment The Fifth Amendment (Amendment V)...

By: All About

View post:
All About - Fifth Amendment to the United States Constitution (Extended) - Video

Longtime Etan Patz murder suspect might not testify

Jurors are not likely to see longtime Etan Patz murder suspect Jose Ramos at the upcoming trial of Pedro Hernandez the person charged with the notorious crime.

A Manhattan judge indicated he wont let Ramos, a convicted pedophile who was dating Patz's babysitter in 1979 when the 6-year-old went missing, take the stand at Hernandezs murder trial if he plans to invoke his Fifth Amendment rights against self-incrimination.

Ramos lawyer said he would.

It seems to be if the witness chooses to take the Fifth, that's it I just don't see that happening, Manhattan Supreme Court Justice Maxwell Wiley said.

Hernandez's attorneys Harvey Fishbein and Alice Fontier can still present evidence relating to Ramos's history as a suspect in Patz's disappearance, including a 1988 statement in which he discusses his relationship to the sitter, the judge has said.

Ramos who was transferred last week from a Pennsylvania prison to New York City as a material witness for the impending trial is expected to be brought to court on Tuesday to formally be asked about his willingness to testify.

Hernandez gave police and prosecutors a full confession to the crime in 2012, which prosecutors argue is a reliable and key piece of evidence.

Hernandez's lawyers contend hes mentally ill and was coached into confessing.

Jury selection is slated to begin Jan. 5.

Read this article:
Longtime Etan Patz murder suspect might not testify

Fifth Amendment Example – Video


Fifth Amendment Example

By: SuperSeb124

More:
Fifth Amendment Example - Video

Twenty-fifth Amendment to the United States Constitution …

The Constitution did not provide for Vice Presidential vacancies until the Twenty-fifth Amendment was adopted. The Vice Presidency has been vacant several times due to death, resignation, or succession to the Presidency. Often these vacancies lasted for several years.

Under Section 2, whenever there is a vacancy in the office of Vice President, the President nominates a successor who becomes Vice President if confirmed by a majority vote of both Houses of the Congress.

Section 3 provides that when the President transmits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives, stating that he is unable to discharge the powers and duties of the Presidency, and until the President sends another written declaration to the aforementioned officers declaring himself able to resume discharging those powers and duties, the Vice President serves as Acting President.

Section 4 is the only part of the amendment that has never been invoked.[19] It allows the Vice President, together with a majority of either "the principal officers of the executive departments" (i.e., the Cabinet) or of "such other body as Congress may by law provide", to declare the President disabled by submitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. As with Section 3, the Vice President would become Acting President.

Section 4 is meant to be invoked if the President's incapacitation prevents him from discharging the duties of his office and he does not provide a written declaration to that effect. The President may resume exercising the Presidential duties by sending a written declaration to the President pro tempore and the Speaker of the House.

Should the Vice President and Cabinet remain unsatisfied with the President's condition, they may within four days of the President's declaration submit another declaration that the President is incapacitated. The Congress must then assemble within 48 hours if not in session. The Congress then has 21 days to decide the issue. If within the 21 days allotted two-thirds of each House of Congress vote that the President is incapacitated, Section 4 states that the Vice President would "continue" to be Acting President. Should the Congress resolve the issue in favor of the President, or if the Congress makes no decision within the 21 days allotted, then the President would "resume" discharging all of the powers and duties of his office. The use of the words "continue" and "resume" imply that the Vice President remains Acting President while Congress deliberates.

However, the President may again submit a written declaration of recovery to the President pro tempore and the Speaker of the House. That declaration could be responded to by the Acting President and the Cabinet in the same way as stated earlier. The allotted 21-day Congressional procedure would start again.

See the rest here:
Twenty-fifth Amendment to the United States Constitution ...