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Protections of the Fifth Amendment, Essay Example

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The Fifth Amendment in the U.S. Constitution awards several different rights to individuals within the area of due process and judicial consideration.  First of all, no individual should serve a sentence for a crime that has not been properly judged by a Grand Jury.  Likewise, no individual should be convicted of the same crime twice.  This concept is called double jeopardy and remains a highly debated topic within the judicial system.  Finally, citizens are awarded the right not to testify against themselves in the matter of criminal activity.  Ultimately, the Fifth Amendment ensures that due process in the judicial system is followed and that the basic rights of individuals that are accused of a crime are upheld during the judicial process.

Individuals may be compelled to testify against themselves or have physical evidence compelled from them without directly violating his or her Fifth Amendment due process rights.  While the Supreme Court has determined that the legal system and arresting bodies are responsible for informing the individual of their Fifth Amendment rights that have commonly be referred to as Miranda rights, the judicial system can procure evidence and testimony without violation of such rights.  For instance, if a prosecutor provides the defendant with immunity, the defendant may supply the prosecution with all necessary testimony and physical evidence without facing a conviction for any crimes that these materials unveil.  Under this situation, the defendant’s rights are upheld while testimony and physical evidence and provided.

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