Ammendment 5 Essay, Research Paper
The fifth ammendment.
Today in America, criminals have the right to self incrimination. Criminals should not be allowed to have this right. This allows criminals to hide the truth from the jury. Amendment five should should not stand today because it gives criminals protection, under law, that they should not have. Their private property is protected which could hide incriminating evidence and cause an investigation to not be done properly. A poor investigation could cause a verdict that lets a guilty criminal go free.
For instance, the O.J. Simpson double murder case is a prime example of the fifth amendment working in favor of the criminal. The murder weapon was never found. In this case the criminal (O.J.) was given too much protection, especially for being charged of double murder (Jensen 7).
Amendment five of the Bill of Rights states No person shall be held for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life and limb; nor shall be compelled, in any criminal case, to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation (..cnn.com). These factors in any criminal persecution could cause a change in verdict. Meaning that as a criminal you have the right to not tell the truth by shutting up.
In any criminal case, vital evidence could be hidden from an investigation of private property when the detectives cannot obtain a search warrant in those areas. The point of the fifth amendment is to give the defendant a fair trial. If incriminating evidence is withheld, how fair can a trial be? Nor shall private property be taken for for public use without just compensation (..cnn.com). Why should criminals be granted this right? Amendment five IS the cause for many corrupt verdicts.
The facts presented prove that Amendment five of the Bill of Rights is unjust. This gives the accused too much protection from the courts. Privacy is a right criminals give up when they break the law. Criminals should not be allowed to hide things because of privacy, And the courts should have say over what can be investigated and what can t.