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Essay / Fifth Amendment Essay - 1021
The Fifth Amendment of the United States Constitution provides: “No person shall be held responsible for a capital or other infamous crime, except on the presentment or indictment of a grand jury…nor shall he be compelled in any criminal case to testify against himself, nor be deprived of life, liberty, or property…nor shall private property be taken for public use, without just compensation" (Cornell). The provisions of the Fifth Amendment define the constitutional limits of police procedure. Within them there is protection against self-incrimination, which prevents defendants from having to testify whether they can incriminate themselves by their testimony A witness can plead the fifth and not answer any questions if he believes it will harm him (Cornell). First Amendments to the U.S. Constitution, lists certain fundamental personal liberties. Laws passed by elected officials that infringe on these freedoms are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the framers of the Fifth Amendment intended its revisions to apply only to actions of the federal government. After ratification of the Fourteenth, most of the protections of the Fifth Amendment were made applicable to the states. Under the doctrine of incorporation, most of the freedoms set forth in the Bill of Rights were made applicable to state governments through the United States Supreme Court's interpretation of the due process and safe harbor clauses equal to the Fourteenth Amendment (Burton, 2007). asking questions without warning is if there is some type of danger to the public, which allows officers to proceed with questioning. The government cannot force citizens to test...... middle of paper ......as well in their interrogations. Officers usually have small cards with Miranda warnings so as not to forget or skip any part of their rights, if this happens the evidence still cannot be properly obtained because the person has not been fully informed of all his rights. Currently, the only unannounced question that may arise is whether the officer believes the public is in some type of danger. For example, if police encounter a man standing in a convenience store who matches the description of recent robberies in a nearby neighborhood and the man runs away after police confront him and is subsequently stopped and searched, when They realized, during the search, that he had an empty shoulder holster. In this scenario the public is in potential danger, the police can ask him where the gun is hidden without reading the man his rights and this would not violate his Fifth Amendment rights..