The Right Against Self Incrimination

Facts: Miranda gave incriminating evidence during police interrogations without prior notification of their fights under the 5th amendment.

Ernesto Miranda was arrested for a violent crime in Phoenix, Arizona and was taken to a police station for questioning. Officers put him into a room, where they questioned him for many hours. They came out with a confession Miranda had signed. The confession form included a paragraph saying the confession had been made voluntarily. The typed paragraph said Miranda had signed the confession “with full knowledge of my legal rights, understanding any statement I make may be used against me.” Miranda’s confession was used against him in court, and he was convicted.5th Amendment says that a person involved in a criminal case cannot be forced to be a witness against himself. In other words, only statements that are

Ernesto Miranda’s written confession confession included a signed statement saying that he had a full understanding of his fifth amendment rights. Miranda argued that he was never told his rights nor did he understand them. In the fifth amendment of the United States constitution it says that an accused person cannot be forced to witness against their self, also the sixth amendment states that the accused shall have the assistance of counsel for his defense. Miranda claimed that he neither knew his fifth amendment right to remain silent or his right to have a lawyer present during questioning. He argued that a suspect who didn’t have any prior knowledge of his rights would feel pressured to answer all the questions posed by the interrogators. They used his written testimony to convict Miranda. Since Miranda didn’t know he didn’t have to answer all the questions, his confession wasn’t voluntary (alavardohistory). Therefore since it wasn’t voluntary he was forced to “witness” against himself. As a result the actions of the police violated the fifth amendment.

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

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 Fifth Amendment is the right for an individual to remain silent when asked a question that could potentially

The Fifth Amendment grants that if a person is criminally accused, they have the right due process. This makes sure that a person is found guilty before being sentenced and they have the right to defend against accusations. Additionally, it also protects criminals against

The defendants right against self-incrimination, is the essential mainstay of the United States adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation as well as in the courts or during the course of other official investigations (Miranda v. Arizona 1966).

The Fifth amendment was made, in 1791. to make sure that no one could be tried for the same reason more than once. This was important to include it in the declaration of independence to protect the rights of the criminally accused and to influence the people’s rights to life, liberty, and property. In the Chambers vs Florida case, men were accused of a murder because of their skin color and were proved innocent and this was considered violated do to the fifth amendment. In another case called Ashcraft v. Tennessee, had included a man who was a suspect of the tennessee police and was then forced to a false confession by them, in an interrogation, which violated his wright given by the fifth amendment. In a similar case called Miranda v. Arizona, a man was sent to an interrogation and was not notified of his rights with a warning, which violates the

The Fifth Amendment protects against self-incrimination, meaning that no one can be a witness against him or herself (Cornell University Law School, n.d.). This simply means that the individual's statements cannot be used against him or herself within a trial. This amendment not only protects the defendant, but it also prevents the use of coerced statements. In fact, any statements that are the result of coercion or torture are prohibited and will not be used in court. As a result, since the application of this law, the police have cut down on obtaining evidence in violation of the constitution and individual rights (Ingram, 2009).

Fifth amendment states that the person is innocent until proven guilty; which, have prevented many false accusations. The suspect cannot be tried without looking into the accusations. Also the suspect cannot be self-incriminated by the court or be re-tried for the same accusation.

The Fifth Amendment as it pertains to confessions, states that “no person shall be compelled in any criminal case to be a witness against themselves. The Fifth Amendment was created to protect individuals against self-incrimination, and any confession obtained when it is in violation of the Amendment will be inadmissible in court. The case Miranda v. Arizona involves Ernesto Miranda who was arrested based on evidence linking him to a kidnapping and rape. Miranda signed a confession to the rape, but he was never told his right to counsel, his right to remain silent, and that his statements would be used against him during the interrogation before being presented the confession form. His lawyer argued that the

The Fifth Amendment saves very much time. Usually when a person is held captive for committing crime they do not want to admit it at all so it takes a long time to find evidence. “Providing chiefly that no person be required to testify against himself or herself in a criminal case” (fifth amendment, Inc.). It says that no one has to be forced to tell it was them who had committed the crime and and if they do this then they do not have to go through a huge process and saves so much time. “In general, you can assert your Fifth Amendment right against self-incrimination in any circumstance in which you are being questioned by a government official and when what you say can be used as evidence against you in a criminal matter.”(Gilley, When Do You Waive That Right?). One can Plead the Fifth” whenever that person does not want to answer the question asking if you committed crime. The court does not have to get that person to tell the truth if they plead the Fifth but just like any criminal they do not want to tell the truth which takes a long and hard process to get evidence and ask others such as family members and sometimes they also lie. By that time the investigators have to do everything on their own and get as much evidence as they can. On the other hand some people may say that the person just either tell the truth or lie so then the investigators can at least prove that the person is a criminal. So by either just telling the truth and

To evaluate, the Fifth Amendment had a rather interesting history, stemming from the declaration of independence. Colonists were tired of unfair trials, no trial rights, or no trials at all. The Fifth Amendment clearly states that any citizen reserves the right for life, liberty, and to own property, may not be arrested for the same crime twice, and will not be required to be a witness against or for himself. When expanding, the Fifth Amendment was made to protect citizens rights when asked to witness against themselves. If this happens, they can plead the 5th, but it is misunderstood that the 5th amendment can not be abused to avoid civil questions. Miranda rights are always repeated to criminally accused citizens so they know they can use the 5th amendment. “He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries” (“The Declaration Of” 1). When explaining, the 5th and 6th Amendment were created to protect the right to a trial, the right to remain silent, and the right against double jeopardy; it was created initially in the Bill of Rights. In conclusion, the Fifth Amendment had an interesting origin, use, and creation, and it continues to allow people to exercise their rights.

Self-incrimination is a right that can help any person not give any testimonial evidence that could incriminate him/her during a criminal case. Most people use this right while in custody or in court, it comes from the Fifth Amendment to the U.S. Constitution. When someone uses this right, it is often called “plead the Fifth”. The Fifth may be invoked under the circumstances of compulsion, testimonial, and self-incriminating. My personal reaction when I hear someone “taking the Fifth” is that most likely they have something to hide, that is why they refuse to answer. I feel that they use the Fifth Amendment just to avoid accountability. In most of the cases, when people start using the Fifth is because they are guilty