Fifth Amendment Pros And Cons

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Pleading the Fifth
Technology seems to come hand in hand with modernity. It has made most tasks that used to take days to complete much easier. Technology has also improved the channels of communication. The invention of the modern day smart cellphone coupled with social media networking has allowed mankind to be in constant contact with one another from across the globe. However, despite these vast improvements, technology has also come with a lot of risks especially regarding personal information.
Apple’s new finger scan feature may violate one’s right to use the fifth amendment which protects one from giving information that may self- incriminate one of a crime. The issue with Apple’s new software is that it
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Arizona. The case gained national exposure when Miranda was taken into police custody and questioned for two hours and then signed a written confession stating that he had kidnapped and raped women. Miranda was taken into court and convicted of multiple accounts and was sentenced to multiple years in prison. Miranda appealed under the argument that Miranda’s fifth amendment rights were violated. The case eventually went to the Arizona supreme court, which ruled that none of Miranda 's rights were violated. The supreme court overturned the ruling saying that a defendant, “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires ( Miranda v. Arizona SCOTUS 1).” The supreme court ruled this in order to protect suspects from being pressured by law enforcement to incriminate…show more content…
I fear due to the recent rulings on the Patriot Act and NSA may allow people who utilize Apple’s newest feature may find that they may face a subpoena to open their phones and consequently have them used against them. As seen in the Salinas case refusal to do so may preemptively determine the defendant guilty for choosing to protect their privacy. As companies like Apple and Google push to make our communications more secure to cater toward their clientele. It will be interesting to see how the fifth amendment will apply in a digital age and to see what measures will be taken to protect or limit our
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