Fifth Amendment Pros And Cons

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The Fifth Amendment gives us the right to a grand jury, forbids double jeopardy and protects us against self-incrimination. It also protects citizens from being deprived of life, liberty or property without due process. The Fifth Amendment was ratified in 1791, it protects the witnesses from testifying against themselves. The Fifth Amendment can be used in criminal as well as civil proceedings; it applies to the defendant and witnesses. You cannot be called to the stand to testify against yourself. This protection is important when it comes to confessions which is a valuable asset to law enforcement. Hence, self-incrimination can include making a statement. This Amendment can be applied in Federal Courts but it particularly applies to the Supreme Court. The Supreme Court Case that involves the Fifth Amendment is Miranda V. Arizona, in this case, Ernesto Miranda was arrested in his house and was brought to the police station where he was questioned by officers for a rape. He was not informed his Miranda …show more content…

It is all based on the perception of the jurors and what they believe is true. There could always be that juror or person in the jury that does not believe the person in trial is guilty. “Suppose, for instance, that a judge is aware of the fact that 1 out of 20 confessions is false. Since the cases are tried individually and are often indistinguishable from one another, 54 the judge's underlying assumption in each is that the confession is 95% true. The result is that she is likely to convict all 20 defendants.”

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