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The Importance Of The Fifth Amendment

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The fifth amendment to the United States constitution should remain just as it is, meaning that no person should be forced to provide incriminating evidence against themselves. And to do so would go against the natural law of self preservation. But by not compelling a person to provide evidence against themselves offers one relief from perjury in order to preserve themselves. The speaker equates not answering to lying which is incorrect, the speakers strawman example of not answering a spouse is an untruth and is an unrealistic example. Because the one asking the questions can merely say one did whatever they want, without any proof whatsoever. I also think that forcing a person to testify against themselves could cause another crime to be …show more content…

That should also be the goal of the defense as well, however that is not the case. There are times when the state can be overzealous in the pursuit of a conviction, thereby violating the fifth amendment rights of the accused and elicit a false confession. This can lead to civil liability for those involved (Fehling, 2011). Even if the suspect were guilty a violation to their fifth amendment rights could cause them to go free. It seems as if the goal is for them to avoid justice, but it is more about the government playing by the rules and having some constraint. As a police officer with over 19 years experience I have seen this time and again. With that being said, I would rather an individual say nothing as opposed to lying. Under the current justice system the state must prove its case and all the defense has to do is raise the possibility of reasonable doubt in the case presented by the …show more content…

Also a person being interrogated might give a false confession if it were not for the ability to remain silent (Taylor, 2015). The criminal justice system is in the United Stated of America is not without flaws, but it has certain protections built in to safeguard the individual from government oppression. The fifth amendment is one of them, it affords a person protection from being forced to give evidence against themselves. Should this right be violated there are remedies in place whereby any evidence gain from this violation can not be used against the person. There is also the possibility of a civil suit for a violation of one's fifth amendment rights by the government or its

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Within The Crucible, it is evident that people are coerced to lie. This involves both kids and adults, and they mainly do this because of Abigail. During the trials, if you were accused nothing could save you. If you denied it, you would be hung. If you admitted it, you would be hung.

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What I originally thought of the 5th amendment protection against self-incrimination was basically the phrase of “the right to remain silent”. And I also know that this right is known as the notorious “Miranda Law”. I just know the 5th amendment as in words rather than application and what I heard from cop shows (or how the media presents it). Self incrimination is usually defined as putting blame on oneself. The video made me realize the significance and application of the 5th amendment protection against self- incrimination.

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The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.

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Truthfulness gets continuation and lying activates the conscience. An officer of the law is supposed to have strong ethical indicative of moral beliefs. These beliefs are absolutely essential for any law enforcement officer. Aristotle suggests, "life circumstances trigger a natural range of responses that includes a mean between excessive and defective responses” (Dempsey & Forst, 2016, p.227). A person’s character traits are the individual’s habitual ways of responding, and individuals who are the most admirable are those who find the norm between the two extremes regularly.

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At that precise moment, I know for a fact that I will tell the truth because that is my character and what I believe in. Nonetheless, a sudden fear crosses my mind; the doubt that I will not remember what I witnessed frightens me. Although it has never happened before, at every new trial, I am troubled about the thought that I will not recall exactly what happened during the situation that brought me to trial. Moreover, I believe that the offender that is on trial can easily withhold the truth about their part in the situation. As police officers, we have body cameras that record what we say and what we do during our course of duty; therefore, to see an offender falsely state what happened, sickens me.

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“Courts have permitted the interrogators to tell the suspect that if he confesses his conscience will be comforted or they will inform the suspect’s cooperation to the court” (Richard 2008). It is unethical to promise and give hope to the suspect that will not be met in order to obtain a voluntary confession which are induced. During interrogation someone may walk in and hide his identity like being a police officer, while acting like someone else and promise the suspect that he or she is here to help and they are in good hands. Doing this is violating the rights of the suspect and should be taken into consideration, because it inflicts the mind of a suspect. If the suspect is going to confess it should be voluntary not being forced to “voluntary

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