The Fifth Amendment, Essay Example

The Fifth Amendment gives the accused the right to not testify under oath in a court of law.  This protects the accused from any sort of mistreatment from a person of the law. In other words, when the accused “pleads the fifth,” he or she is granted the right to abstain from saying anything that may be self detrimental.

Also under the Fifth Amendment, a person of the law is not allowed to take the personal belongings of the accused.

In the past, the rights offered by the Fifth Amendment have not been made clear to the accused and therefore they did not understand that they could not be forced to say anything.

Under the Fifth Amendment, the accused cannot be compelled to testify against his or herself, nor can the right of silence be used as a means of condemning the accused.

If DNA is gathered or a writing sample – used not for content – but if just the writing links the accused to the crime, it is not considered self incriminating. Fingerprints could also link the accused to the crime without violating the Fifth Amendment.

Overall, both the accused and the defendant must be wary of the particulars included in the rights given to them. A mere oversight in a right could cost either party the entire case. The Fifth Amendment protects the accused from any sort of corruption that may be present in the law.