ipl-logo

The Importance Of The Fifth Amendment

480 Words2 Pages

The fifth amendment to the United States constitution should remain just as it is, meaning that no person should be forced to provide incriminating evidence against themselves. And to do so would go against the natural law of self preservation. But by not compelling a person to provide evidence against themselves offers one relief from perjury in order to preserve themselves. The speaker equates not answering to lying which is incorrect, the speakers strawman example of not answering a spouse is an untruth and is an unrealistic example. Because the one asking the questions can merely say one did whatever they want, without any proof whatsoever. I also think that forcing a person to testify against themselves could cause another crime to be …show more content…

That should also be the goal of the defense as well, however that is not the case. There are times when the state can be overzealous in the pursuit of a conviction, thereby violating the fifth amendment rights of the accused and elicit a false confession. This can lead to civil liability for those involved (Fehling, 2011). Even if the suspect were guilty a violation to their fifth amendment rights could cause them to go free. It seems as if the goal is for them to avoid justice, but it is more about the government playing by the rules and having some constraint. As a police officer with over 19 years experience I have seen this time and again. With that being said, I would rather an individual say nothing as opposed to lying. Under the current justice system the state must prove its case and all the defense has to do is raise the possibility of reasonable doubt in the case presented by the …show more content…

Also a person being interrogated might give a false confession if it were not for the ability to remain silent (Taylor, 2015). The criminal justice system is in the United Stated of America is not without flaws, but it has certain protections built in to safeguard the individual from government oppression. The fifth amendment is one of them, it affords a person protection from being forced to give evidence against themselves. Should this right be violated there are remedies in place whereby any evidence gain from this violation can not be used against the person. There is also the possibility of a civil suit for a violation of one's fifth amendment rights by the government or its

Show More
Related

  • How Did Sara Ryker Confess Voluntarily Under The Circumstances When Officers Questioned Her?

    1501 Words  | 7 Pages

    I. Questions Presented Under Kansas law, did Sara Ryker confess voluntarily under the circumstances when officers questioned her? 1. Does Ryker’s ability to communicate with the outside world upon request weigh in favor of a voluntary confession when she asked to use the phone and the officers told her she had to wait? 2. Do Ryker’s age, intellect, and background support a voluntary confession when she is 20 years old, possesses low intelligence, and has no criminal background?

    Read More

  • Legal Issues Involved In The Norfolk Four Cases

    936 Words  | 4 Pages

    PAPER 1: FALSE CONFESSION ASSIGNMENT Legal issues involved in the interrogation of criminal suspects are the leading cause for wrongful conviction of innocent individuals based off of false confessions. The primary motive for police officials is to close a case with a written and verbal confession from a possible suspect. Confessions override evidence if the confession is convincing enough to the jurors. Most people assume that people would not confess to a crime they didn’t commit, but due to the harsh interrogation circumstances, psychological coercion and situation factors, these can influence an innocent individual to confess to a crime they didn’t commit.

    Read More

  • People Are Coerced To Lie In The Crucible By Arthur Miller

    663 Words  | 3 Pages

    Within The Crucible, it is evident that people are coerced to lie. This involves both kids and adults, and they mainly do this because of Abigail. During the trials, if you were accused nothing could save you. If you denied it, you would be hung. If you admitted it, you would be hung.

    Read More

  • 5th Amendment Protection Against Self-Discrimination

    219 Words  | 1 Pages

    What I originally thought of the 5th amendment protection against self-incrimination was basically the phrase of “the right to remain silent”. And I also know that this right is known as the notorious “Miranda Law”. I just know the 5th amendment as in words rather than application and what I heard from cop shows (or how the media presents it). Self incrimination is usually defined as putting blame on oneself. The video made me realize the significance and application of the 5th amendment protection against self- incrimination.

    Read More

  • The Pros And Cons Of The Reid Technique

    911 Words  | 4 Pages

    The police then determine if the suspect is guilty and continuously interrogate, accuse, and even threaten the suspect for hours until they confess, whether they are guilty or not. On many occasions the people who are coerced into false confessions are have severe mental impairments that prevent them from functioning as a normal person with out the impairments would.

    Read More

  • False Confession Pros And Cons

    1195 Words  | 5 Pages

    This is one of many tactics that police use throughout the nation to force a confession out, which often leads to the false confessions by the

    Read More

  • The Importance Of Lying In The Police Department

    673 Words  | 3 Pages

    Truthfulness gets continuation and lying activates the conscience. An officer of the law is supposed to have strong ethical indicative of moral beliefs. These beliefs are absolutely essential for any law enforcement officer. Aristotle suggests, "life circumstances trigger a natural range of responses that includes a mean between excessive and defective responses” (Dempsey & Forst, 2016, p.227). A person’s character traits are the individual’s habitual ways of responding, and individuals who are the most admirable are those who find the norm between the two extremes regularly.

    Read More

  • Reflective Essay: The Jury Selection Process

    452 Words  | 2 Pages

    At that precise moment, I know for a fact that I will tell the truth because that is my character and what I believe in. Nonetheless, a sudden fear crosses my mind; the doubt that I will not remember what I witnessed frightens me. Although it has never happened before, at every new trial, I am troubled about the thought that I will not recall exactly what happened during the situation that brought me to trial. Moreover, I believe that the offender that is on trial can easily withhold the truth about their part in the situation. As police officers, we have body cameras that record what we say and what we do during our course of duty; therefore, to see an offender falsely state what happened, sickens me.

    Read More

  • Police Interrogation Techniques

    1467 Words  | 6 Pages

    Introduction Many important court cases depend on memory-based evidence. When there is not enough physical evidence to convict a suspect, law enforcement relies on testimonies and confessions to put criminals behind bars, yet, not all testimonies are reliable. Throughout the years, there have been many people who have been falsely convicted based on inadequate police interrogation methods that allowed for false confessions to occur. Effectiveness of Interrogation Methods Used by Civil Law Enforcement

    Read More

  • We The People Chapter 4 Summary

    501 Words  | 3 Pages

    The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.

    Read More

  • Miranda Rights Still Silent When Being Interrogated By Law Enforcement

    516 Words  | 3 Pages

    The Right to remain silent when being questioned by the police is part of the Miranda Rights. I think people should have the Right to remain silent

    Read More

  • False Confessions Study

    858 Words  | 4 Pages

    The Social Psychology of False Confessions: Compliance, Internalization, and Confabulation is a study conducted by Saul M. Kassin and Katherine L. Kichel of Williams College. This experiment explores social influence and the impact it has on confessions. As a fundamental right in the United States, people are given several rights and if broken, various punishments can be implemented. Criminal confessions are usually self-incriminating or coerced, yet these can easily be swayed by other factors. Social influence can directly affect suspects and can potentially cause people to confess to crimes they did not commit.

    Read More

  • False Confession Research Paper

    254 Words  | 2 Pages

    False confession What motive a person to confess to a crime they did it commit? Unfortunatly there's many factor that can influence to a person to make that mistake. In may cases they decide to admit guilt due to their ages. Most of the false confession are from youth under 18 years old, because under pressure they are waive their Miranda's right to silence and to have an attorney. Margaret swigel and John Winbey concuted a research and disucss their founding in a journal called False Confession New Data Collections and Law Enforcement Interrogation.

    Read More

  • Ethical Issues In Interrogation

    999 Words  | 4 Pages

    “Courts have permitted the interrogators to tell the suspect that if he confesses his conscience will be comforted or they will inform the suspect’s cooperation to the court” (Richard 2008). It is unethical to promise and give hope to the suspect that will not be met in order to obtain a voluntary confession which are induced. During interrogation someone may walk in and hide his identity like being a police officer, while acting like someone else and promise the suspect that he or she is here to help and they are in good hands. Doing this is violating the rights of the suspect and should be taken into consideration, because it inflicts the mind of a suspect. If the suspect is going to confess it should be voluntary not being forced to “voluntary

    Read More

  • How To Obtain False Confessions

    786 Words  | 4 Pages

    Indeed, for people who are not familiar with modern psychological techniques of interrogation might be absurd that someone would confess to an offense he or she didn 't commit. In a study conducted by Leo and Liu, 264 students were selected as potential jurors and were first asked to rate 18 different interrogation techniques. The participants had to rate according to their own perception how coercive each technique was, how likely it was to elicit a false confession and how likely to elicit a true confession. Later on, they were also asked to evaluate confessions in association with other types of evidence like eyewitness testimony, DNA evidence, and a suspect 's bad character

    Read More

More about The Importance Of The Fifth Amendment

Open Document