The 5th Amendment: Amendment V, United States Constitution

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5th Amendment “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 be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." -Amendment V, United States Constitution. The United States Constitution’s 5th Amendment is made up of four provisions in regards to the …show more content…

Arizona (1966). As a result of this case the Supreme Court developed the Miranda Warnings and the “bright-line” rule to be applied while suspects are in custodial interrogations, to prevent involuntary confessions. “You have the right to remain silent. Anything you say can and will be used against you in the court of law.” Everyone knows the Miranda Warnings from either television shows or even they have been recited while placed under arrest. Why do are police officers required to recite these rights to a suspect? Where did they come from? What happens if an officer or detective fails to advice a suspect of these rights?” The Miranda Warning must be given before the questioning of an interrogation. However, the bright-line rules are the rights of the suspect, but officers are not required to inform suspects of those rights. These bright-line rules include; suspects may decide to remain silent, at any time the suspect decides to stop talking, or the suspect decides they do require counsel the interrogation must stop immediately. However, if a suspect stops talking and asks for a lawyer, he or she must be direct in their statement. “I think I may need a lawyer now,” is not sufficient enough to invoke their rights. Otherwise officers may continue their interrogation. As well as in the Berghuis v. Thompkins case law states a suspect of a crime must “speak up” to invoke their rights to remain

In this essay, the author

  • Explains that the 5th amendment is made up of four provisions in regards to the rights of the accused.
  • Explains that the sixth amendment gives criminal defendants seven specific liberties, including the right to a speedy trial, an impartial jury, and legal counsel.
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