Amendment V

In recently reading the first ten amendments of the US Constitution, one amendment in particular stood out. It was the fifth amendment. We commonly think of it as the right not to testify against oneself in court, however it is more detailed than that. The fifth amendment of the US Constitution reads as follows: "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 h imself, nor be deprived of life, liberty, or property, without dur process of law; nor shall private property be taken for public use without just compensation."

So we read within this amendment provisions against double jeopardy and due process of law. But the thing that I found most interesting was the beginning statement " No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." The exceptions to this rule are reserved for the military.

You may remember that originally this case was a death penalty case. But it was never presented to a Grand Jury. Then-prosecutor Stephen Pierson stated that Grand Jury consideration in this case would not be necessary. So not only did this case not be tried before a Grand Jury, it was never tried before a jury either. Was this a violation of Mr. Stockelman's constitutional rights? I am not an attorney and do not know the answer, but would appreciate it if an attorney could post more insight into this. Unless you are James "Ricky" Kilburn. Kilburn was the defense "attorney" Stockelman chose to defend him in this matter because he was a deacon of the church he attended. Kilburn should never be allowed to practice any type of law, much less a death penalty case. More on that to follow.