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The Importance Of The Fifth Amendment

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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
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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
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