Fifth Amendment of the United States Constitution, Essay Example

The first part of the 5^th amendment states no person shall be forced to testify against himself or the right against self-incrimination in a criminal case. The second part of the 5^th amendment states every person has the right to remain silent; anything you say or do can and will be used against you in a court of law; and you have the right to an attorney, further if you cannot afford an attorney one will be appointed to you.

The right against self-incrimination is actually a right which is reserved under the 5^th amendment which forbids the United States government from compelling a person from to testify against themselves in a criminal trial. This includes any formal or informal questioning at civil or criminal trial proceedings as distinguished in Lefkowitz v Turley [1973]. As distinguished in Doe v United States [1988] the right against self-incrimination does not protect corporations, only individual citizens.

As distinguished in Gideon v Wainwright [1963] all citizens have a right to attorney/counsel in all felony cases. Griffin v Illinois [1956] stated though indigents do not have constitutional right to attorney/counsel on appeal, they do have right to free transcript on appeal because their case has had counsel at the trial court level.

Miranda v Arizona [1966] is a landmark case because it involves whether inculpatory and exculpatory evidence will be admitted at court. A person has to be read his right to consult with an attorney before and during questioning and of the right against self-incrimination prior to police questioning. It must be shown that the defendant waived these rights and fully understood them.

The United States Supreme Court’s interpretation of the Double Jeopardy Clause states no one can be tried twice for a crime because they cannot be deprived of the due process of law. Double jeopardy refers to multiple prosecutions for the same act in a court of law. Some prosecutors deem double jeopardy to mean multiple convictions for the same crime which is unlawful in the United States. Once a verdict is reached a person cannot be lawfully put in jeopardy of being tried for the same criminal offense again lawfully. Under dual sovereignty both the state and the federal government may prosecute a person for a crime based on the same illegal act. Through this principle is how killers such as in the Rodney King beating incident were the killers able to be brought to justice for murder and for civil rights violations at the state and federal levels. The idea behind the DJ clause of the 5^th amendment is to take away unlimited power of the government so that they cannot punish citizens without mercy and limitless. The key is that the government shall get only one chance to make its case against a defendant and if it does not the government shall be forced to either find the defendant not guilty or to acquit the defendant.

References

Miranda v Arizona (2010) Retrieved May 17, 2010 from, http://www.oyez.org/cases/1960-1969/1965/1965_759

Lefkowitz v Turley [1973].

Gideon v Wainwright [1963]

Griffin v Illinois [1956]

Miranda v Arizona [1966]

Double Jeopardy (2010) Retrieved May 17, 2010 from, http://www.lectlaw.com/def/d075.htm