Essay On Fifth Amendment

In our system of law, it is a compelling argument that a strong systematic process is in place to protect the rights of criminals. To underline this case in point, simply turn to the Bill of Rights: four of the ten Amendments directly focus on criminal proceedings, and specifically, the fifth through eighth Amendments are designed intentionally for criminal protections. According to Akhil Amar, the Articles of the Constitution limit the powers of the federal government, but most of these limitations allude to the systematic balance of federal power. Little is expressed in the Constitution about criminal proceedings, except in Article III, thus, a need existed for the protection of the accused from the federal government, prosecutors, and judges. Out of the criminal protection amendments, the fifth encompasses a number of protections and is, in fact, the largest amendment in the Bill of Rights, furthermore, the amendment offers the greatest protections for the criminally accused. This protection is offered by one encompassing idea, due process of the law.

Although debatable in meaning, due process ensures that the government must follow all legal guidelines set forth in established law. Simply put, the idea of due process is the highest protections the Bill of Rights offers to those accused of a crime. As stated in the Fifth Amendment, the government may not infringe punishment upon one’s life, liberty, or property without adhering to the strict process of the law. In other words, the federal government cannot act outside its limited powers and must follow legal procedures to the fullest extent. Furthermore, under the ideology of substantive due process, not only must the government follow the law of the land, but laws too must be