The Fifth Amendment is an old friend and a good friend. Do you agree or disagree with that assessment of the Fifth Amendment? Why?

Essay by theman1A+, March 2005

download word file, 2 pages 0.0

Downloaded 63 times

I do agree with the above statement because of what the Amendment stands for and protects. I personally am a believer in the old adage that's its better to let one thousand guilty go free than to convict an innocent man and the Fifth amendment lines up with my beliefs. This is an amendment that's about protecting the common man from a potentially cold government and tyrannical government. It guarantees a certain level of civility from the court system towards those being tried.

The Fifth Amendment basically states five of a somewhat related yet diverse nature. "No person shall be held to answer for a capita, 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." This basically means everyone has a right to be tried before a jury of their peers unless they are in the military.

There are special military courts for those enrolled in the armed forces. Double Jeopardy states "Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb". Double Jeopardy means no one can be tried for the same crime twice.

Next it states "Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property" The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence. Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings. The...