Friday, December 20, 2019

The Fifth Amendment and Self-Incrimination - 842 Words

The fifth amendment states that, â€Å"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†. Would the Fifth Amendment privilege against self-incrimination prohibit the government from any of the following: requiring†¦show more content†¦The government should not threaten someone’s job for refusing to testify, that will be a violation of the Fifth Amendment right. Threatening a person with a reduction in pay if he/she does not testify is a coercive act and can in some way be considered as self-incrimination. In conclusion, the Fifth Amendment privilege against Self-Incrimination only gives people the right to refuse to testify to the government if such testimony will incriminate them of a crime. Law enforcement cannot force the defendant to make any testimonial that can be used as evidence that he/she is guilty of the crime. It does not allow the right to refuse other physical evidence such as handwriting, to speak certain words, fingerprints, blood samples, and tissue samples or to refuse to stand in a police lineup even if these compelled documents contain incriminating evidence. Unless any of the documents is private meaning unknown to the government, the act of the defendant producing these documents can implicate a violation of the Fifth Amendment right. Sources: Textbook: Criminal Procedure 10th edition by John N. Ferdico MoreRelatedThe Fifth Amendment : Self-Incrimination In The Fifth Amendment1040 Words   |  5 Pagesof the Fifth Amendment is Self-Incrimination, stating â€Å"No person...shall be compelled in any criminal case to be a witness against himself....†. This clause specifies that a person cannot be forced to testify against himself or herself; yet, this does not limited police-interrogation. A testimonial through threatened loss of government employment or guilt from silence can be used as evidence. Witnesses and evidence must be presented during the trial. This is often known as taking the fifth. OneRead MoreFour Basic Components of the Fifth Amendment1382 Words   |  5 PagesThe Fifth Amendment Clearly define the four basic components of the Fifth Amendment The four basic components of the Fifth Amendment include: double jeopardy, due process, the right to be heard by a jury and safeguards against self-incrimination. 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The Bill of Rights was formally ratified on December 15, 1791 (Independence Hall Association, 2012). The First Amendment protects an individuals freedom of speech and assembly and states, CongressRead MoreThe On The American Criminal Jurisprudence1673 Words   |  7 Pages1. BACKGROUND The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United States constitution. The 5th amendment privilege in text provides that, no suspect will be compelled to answer for any capital or infamous crime, unless directed or indicated by the relevant Grand Jury. The only exception being granted to ceases in land and naval spaces that fall under the militia sphere of

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