Topic > Essay on the Fifth Amendment - 1021

The Fifth Amendment to the United States Constitution provides: "No person shall be held to answer for any capital or otherwise infamous crime, unless presented or indicted by a grand jury.. .nor shall he be compelled in any criminal proceeding to testify against himself, nor shall he be deprived of life, liberty, or property...nor shall private property be used for public use, without just compensation" (Cornell). The provisions of the Fifth Amendment outline constitutional limits on police procedures. Within them there is protection against self-incrimination, it protects defendants from having to testify if they can incriminate themselves through testimony. A witness can plead the fifth and not answer any questions if he believes it will hurt him (Cornell). The Bill of Rights, which includes the first ten amendments to the United States Constitution, enumerates some fundamental personal freedoms. Laws passed by elected officials that infringe on these freedoms are declared unconstitutional by the judiciary. 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 the 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 liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the due process and equal protection clauses of the Fourteenth Amendment (Burton , 2007). asking questions without warning is if there is any kind of danger to the public, which allows officers to engage in questioning. The government cannot force citizens to testify... middle of paper... during their questioning. Officers usually have small cards with Miranda warnings on them so as not to forget or skip any part of their rights, if this happens, the evidence still cannot be obtained properly because the person has not been fully warned of all his rights. Currently, the only inadvertent question that can arise is whether the officer believes the public is in some kind of danger. For example, if the police encounter a man in a convenience store who matches the description of recent thefts in a nearby neighborhood and the man runs away when the police confront him and is subsequently caught and searched, when during the search they realize that he has 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 it would not violate his Fifth Amendment rights.