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The Fifth Amendment - Coursework Example

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Name Professor Class Date The Fifth Amendment Why should government be limited on how and when it asks questions? If law enforcement will merely be based on “government agents' ability to obtain confessions from those suspected of committing crimes or knowing who did” (Harr, Hess, and Orthmann 324), there will be a great danger to the civil liberty of the people because the doors of abuse are open…
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The Fifth Amendment Coursework
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The Fifth Amendment

Download file to see previous pages... If the government is not limited in this aspect, it will be easy for them to “force (coerce) people to answer questions that would cause them to look guilty of a crime” (Harr, Hess, and Orthmann 324). The government's limitations on this matter is even emphasized when “By the middle of the 18th century, English courts began to limit the admissibility of confessions” (Harr, Hess, and Orthmann 326). This is to prevent the occurrences of “confessions...obtained by any manner, including force or the threat of force” (Harr, Hess, and Orthmann 326). Not limiting the government's ability to how and when it asks questions opens an avenue for abuse and arbitrary actions. How do you feel about police “encouraging” suspects to talk by threatening or using physical force or otherwise intimidating them? Despite arguments that the ends can justify the means, one has to keep in mind that regardless of the motivation, individual rights should be, first and foremost, protected, because, personally speaking, it cannot be said that a government can protect the rights of a nation if that government is unable to first protect the rights of the individual. I truly cannot see how justice can be served if the foundation of such “justice” is already unjust. ...
s could mean that if done properly, interrogation techniques can do the job already, so there is really no need to apply force or the threat of force. In the rest of the cases, a more diligent police work --- like searching for physical evidences --- could work in areas where interrogation did not provide much help. Does the Miranda decision impede police work? It is said that “because of [the] Miranda, substantial numbers of criminal convictions are lost each year” and that it “may be the single most damaging blow to the nation's crime fighting ability in the past half century” (Harr, Hess, and Orthmann 330). However, it is also said that: Miranda...changed the analysis of the Fifth Amendment protection against self- incrimination from a totality of the circumstances test for voluntariness to whether those subjected to a custodial interrogation by police were advised of their rights...[but] Miranda has not completely displaced the due process/voluntariness standard. (Harr, Hess, and Orthmann 331) Therefore, the Miranda may have made police work tougher, but it does not absolutely impede police work. This is because “When a Miranda violation cannot be used to support an attack, voluntariness still can” (Harr, Hess, and Orthmann 331). Would a different result occur, given exactly the same circumstances of an interrogation, for what a private security officer could do as opposed to what a city police officer must do? Private security officers such as security guards or even rent-a-cops “are not required to advise suspects of their Miranda rights” (Harr, Hess, and Orthmann 360). City police officers are required to issue the Miranda warning to “individuals they had in custody, before questioning them” (Harr, Hess, and Orthmann 331). This could ...Download file to see next pagesRead More
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