Essay On The Fifth Amendment

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because

The four basic components of the Fifth Amendment include: double jeopardy, due process, the right to be heard by a jury and safeguards against self-incrimination. Double jeopardy is when the individual can only be tried for a crime once. In the event that they are acquitted and new information surfaces, they cannot be retried again for the same crime. Instead, new charges would have to be filed showing the individual violated another area of the law. (Sundahl, 2011)

If it is found that a defendant's right to a speedy trial is violated, then the indictment is cancelled and conviction is subverted. The reversal of criminal case on the issue of speedy trial results in no further prosecution for the alleged offense. The reason for this right was the fact that with the passage of time the witnesses can be lost because of death, blurring of memory and other factors. However, there are also some other reasons: person in jail must be supported at considerable expense and, sometimes, even family members must be assisted as well.

In 1789, the Congress created the Bill of Rights to make sure the people are protected and the government has limitations. The Third Amendment states, “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” (“Bill of Rights”). Throughout the years the amendments have been manipulated, in a way, to be used in a certain way. In researching the Third Amendment, one will find the past and present of the Quartering of Soldiers through the origins of the law, modern application of the amendment, and its current effectiveness.

The last three article of the Constitution tied up loose ends that may have been left out. The Fifth Amendment laid out the amendment process, which the founders knew would be inevitable. The Sixth Amendment ensured that the new government would pay the debts owed by the old, established Federal law as supreme, and gave the oath of office for all politicians. The Seventh Amendment gave the guidelines for ratification of the Constitution. After all of the previous articles the last three were the loose ends that tied everything up into a nice neat package to be sent to the states.

The US Constitution established America’s national government, fundamental laws, and guaranteed certain basic rights for its citizens. The framers of the Constitution ensured that the government would be just, and protect its citizens from internal discord. The Bill of Rights is the first 10 amendments in The Constitution and are to be our most basic of rights. The 5th amendment states “life, liberty, and property without due process of the law”. The 5th Amendment protects people from being held for committing a crime unless properly prosecuted, from being tried twice for the same crime, from being forced to testify against yourself, and from property being taken without payment. It also contains due process guarantees. Due Process gives

How can the original writing and intent of the second amendment, be relevant in our society today?

Military people can go to trial without the grand jury decision, it is a case when military person commits a crime during a war or a national emergency.

Leading on, you are not a criminal if there is no proof given. It is common to were when being guilted for doing something and knowing it did occur but claiming there is no evidence you have the right to prevent this from occurring. “The fifth amendment makes it harder for the government to actually convict of crimes” (What Is the Importance and Significance of the Fifth Amendment?). When being accused but were not actually guilty for it and there is no proof at all, there is no right for anyone, the government to put you as a criminal, which will benefits some in a good way because the crime could not be the most serious topic. There are cases that have occurred this year where they have pleaded the fifth like, Michael Flynn. Some argue that the fifth amendment is not the best because it's having criminals be free .“Why is it a good policy to give criminal defendants a Fifth Amendment right to silence in their own trial, as opposed to giving them the same rights and obligations as third-party witnesses”(Bennett Haselton Questioning the Fifth Amendment), is being asked. Giving criminals a defendant can help if it is not a major event that occurred but again, if the crime was to be huge or even life threatening to other then it is more likely that there will be a high amount of evidence to proof that they are guilty and the person will be more committed to what they have done and take the

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments

or public danger. No one can be put on trial again for the same crime.

The 4th Amendment to the United States Constitution was introduced to Congress in 1789 by James Madison, however it was not adopted until 1791, and is an extremely important amendment contained in the Bill of Rights. “In the past forty years, the U.S. Supreme Court has increasingly advanced the notion that the Fourth Amendment encompasses the common-law restrictions on searches and seizures,” (Mannheimer, M. Z., 2015, p.1, para.1). The Fourth Amendment requires governmental searches to be conducted only when a search warrant is issued, sanctioned by probable cause and supported by oath of affirmation, however, there are exceptions to this rule that are stated in the “Exclusionary Rule,” which was established in 1914. The “Exclusionary Rule” states that there are certain instances, where a search can be conducted without a warrant, such as probationary searches, plain view searches, exigent circumstance searches, border searches, and consent

Explain the details of what the Fifth Amendment provides citizens and its use of it in the 2012 Meningitis Outbreak?

There is a certain standard on understanding what is expected to be private and what is not. But what is that standard? Where is the line drawn? Protecting citizens from unlawful searches and seizure has a past filled with challenges and changes to its interpretation. The Fourth Amendment was created to keep them from being taken advantage of. Privacy is a right, not a privilege and should be treated that way

Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once. It also reduces the possibility of someone innocent being found guilty. The double jeopardy clause of the Fifth Amendment embodies three protections to criminal