Which amendment concerns self-incrimination?
What supreme court ruling established guidelines for police questioning of accused persons?
Explain why you agree or disagree with this ruling?
The fifth amendment is the primary amendment that deals with self incrimination. The fifth amendment states that persons accused of crimes are protected from double jeopardy, they are allowed a Grand Jury, they are allowed "just compensation" and Due Process of the law, and lastly, they are protected from self incrimination, which is when a person accused of a crime testifies against themselves. The fifth amendment allows the accused to "plead the fifth," which allows them to not answer a question if the person believes that it may be self incriminatory. This "self incrimination clause" was justified in the ruling of Miranda v Arizona, in which the Supreme Court created the Miranda Rights saying, which makes police state the accused person's rights at the time of arrest, to make sure they know about their 5th amendment right to remain silent and prevent self incrimination. I personally agree with this ruling because this clause helps those who may be panicked during an arrest remember to remain silent, as they need to prevent self incrimination. People may be frantic and scared during arrest and may forget their 5th amendment rights. This "Miranda Warning" serves as a reminder to those who may be panicked during arrest. Also, if someone is uneducated or new the the country, they may not know of their right to remain silent and all their 5th amendment rights. By having the police read off their rights at the time of the arrest, even illiterate people and people new to the country will know their rights.
I also agree with the importance and reason for placing the Miranda Warning in place. It is to remind a person who is being arrested of their constitutional rights and upholds the fact that it is the responsibility of the investigators to prove guilt, not the responsibility of the investigated to prove innocence. Not only is the Miranda Warning an important law, it is also important the law enforcement remember to enforce it properly: if an officer has an individual in custody and does not state the Miranda Warning at the time of arrest, and evidence gained must be thrown out and is unusable by the courts.
The fifth amendment is the primary amendment that deals with self incrimination. The fifth amendment states that persons accused of crimes are protected from double jeopardy, they are allowed a Grand Jury, they are allowed "just compensation" and Due Process of the law, and lastly, they are protected from self incrimination, which is when a person accused of a crime testifies against themselves. The fifth amendment allows the accused to "plead the fifth," which allows them to not answer a question if the person believes that it may be self incriminatory.
ReplyDeleteThis "self incrimination clause" was justified in the ruling of Miranda v Arizona, in which the Supreme Court created the Miranda Rights saying, which makes police state the accused person's rights at the time of arrest, to make sure they know about their 5th amendment right to remain silent and prevent self incrimination.
I personally agree with this ruling because this clause helps those who may be panicked during an arrest remember to remain silent, as they need to prevent self incrimination. People may be frantic and scared during arrest and may forget their 5th amendment rights. This "Miranda Warning" serves as a reminder to those who may be panicked during arrest. Also, if someone is uneducated or new the the country, they may not know of their right to remain silent and all their 5th amendment rights. By having the police read off their rights at the time of the arrest, even illiterate people and people new to the country will know their rights.
SOURCE : http://www.annenbergclassroom.org/speakout/what-is-the-importance-of-the-miranda-warning-2
I also agree with the importance and reason for placing the Miranda Warning in place. It is to remind a person who is being arrested of their constitutional rights and upholds the fact that it is the responsibility of the investigators to prove guilt, not the responsibility of the investigated to prove innocence. Not only is the Miranda Warning an important law, it is also important the law enforcement remember to enforce it properly: if an officer has an individual in custody and does not state the Miranda Warning at the time of arrest, and evidence gained must be thrown out and is unusable by the courts.
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