The Importance Of The Fifth Amendment In The Criminal Justice System

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)

The Fifth Amendment has five sections or clauses. Clause number one – The right to a Grand Jury Hearing. The Grand Jury decides whether to indict a person. This is not a trial. The exception to this clause is, land or naval forces in service during time of war or public danger. Article 1 Section 8 gives the authority for the use of Military Courts for the Armed Forces. This denies military personnel the same rights as civilians.

There has always been the thought that police can abuse their power especially when it comes to collection of evidence that could incriminate someone for something that was illegally obtained. The exclusionary rule was put in place to counteract evidence that may have ben illegally obtained to be inadmissible in a court of law with few exceptions to the rule.

The Fifth Amendment of the constitution is the section in the Bill of Rights, which protects an individual from being held for committing a crime unless it is indicated correctly by the police.

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

“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 majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was harmed during the interrogation process.

According to the United States Constitution and the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing 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 (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searches and seizures performed by governmental agents. In 1763, William Pitt stated that under any circumstance or living condition, whether the roof was falling in or the walls allowed wind through, even the King of England was not allowed entrance into ones home (History, 2016).

The 5th amendment declares 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

There are different clauses that are incorporated within the Fifth Amendment which provide basic outline constitutional limits with respect to police procedures. These different clauses have been derived from various sections like Grand Juries Clause was derived by Framers and Magna Carta derived the Due Process Clause, dating back to 1215. The Fifth Amendment protects each and every individual, not just citizens. Top most scholars taken this into consideration and stated that the Fifth Amendment which is familiar to almost every individual can be classified by breaking down into five distinct constitutional rights:

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

Crimes are not always admitted. The Fifth Amendment gives the right to say “I plead the Fifth” which means that once you say that then nobody can make one talk and tell that you have done something wrong or just anything in general. In this case it is about committing crimes so if someone pleads the Fifth then they do not have to admit the crime or say anything after that and nobody makes that person. This is good for many people. The people that admit the crime it is better for them but it also helps the community. Pleading the Fifth saves a lot of time, the person that committed crime does not have to be known as a liar as well as a murder, and usually the person who committed the crime does not like to admit it and they do not have to admit it.

In my life no one has ever made the attempt to censor my speech or written word. I have never been imprisoned with or without a speedy trial. No soldier has ever been quartered in my home and property has never been confiscated. No lawsuit has ever been brought against me and certainly not one where I am dealing with a corrupt judge. This is a testament to the power and enduring strength of the constitution, its existence negates its applicability to my life. However, this only continues to be the truth as long as a well educated population makes the constant choice between individual rights and expediency, between freedom and security. I fear that the seventh amendment is falling victim to a lack of such necessary vigilance and examination.

The 5th Amendment Basically, states that no one shall be charged with capital crimes without a Grand Jury's permission, except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can't be forced to testify yourself. That no one should be

The 6th amendment is the amendment where a person is able to a speedy and public trial by an impartial jury in the state or district crime is committed, can get informed about why you are in court, you also have a right to an attorney if you cannot afford one then one should be appointed to you. i will also be explain how even the people who are not even united states citizens have the right to the sixth amendment. There are major cases that i will go over that will help cement what the sixth amendment is how it can make or break a case. How the case has changed with everything that is going on in the United States so i will talk about that.

The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as “Bill of Rights”. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids “double jeopardy” and also protects against self-incrimination. In Civil cases, it requires the “due process of law” to be part of proceedings which denies a citizen “life, liberty or property”. At the same time it requires government to