Persuasive Essay On The Fifth Amendment

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As we sit and watch some of your favorite television shows, Blue Bloods, Criminal Minds, and The Blacklist, we can catch the prominent phrases, "right to remain silent…” and/or “I plead the fifth” in one or two scenes leading to interrogation. Although the television shows are fiction, the statements are factual and are part of the U.S. Constitution to protect a person against self-incrimination. Self-incrimination plays a vast part of the Bill of Right, specifically the Fifth Amendment. The Fifth Amendment has protected many Americans from punishment. Yet, this Amendment also has made it possible for guilty verdicts in criminal cases. This was possible with the historical adoption of the Fifth Amendment, the implementation of the five different clauses, and numerous criminal cases that established the strength of the Fifth Amendment.
The philosophies behind the Fifth Amendment traced back to Magna Carta, 1215. The Magna Carta specified that “No person shall … be deprived of life, liberty, or property, without due process of law …”. Although England’s King John did not agree to the term willingly, the Magna Carta was signed in hope to build a relationship between the King and the nobles and keep the peace. Unfortunately, the signed Magna Carta annulled by Pope Innocent II. In 1613, Sir Edward Coke also advocated for the Magna Carta as part of his approach toward the power struggle of the courts. Coke argued that all matters needed to be addressed through the “law of the

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