Fifth Amendment: Self-Incrimination - Assignment Example

Fifth Amendment: Self-Incrimination affiliation Fifth Amendment: Self-Incrimination Self-incrimination is the action of accusing oneself in an unlawful event or exposing oneself to unlawful trial. Self-incrimination happens voluntarily or as a result of questioning. Moreover, the Fifth Amendment to the United States Constitution defends individuals from being obliged to implicate oneself. This right is entrenched in the refusal of Puritans’ to work together with interrogators in the seventeenth century England.

They were frequently tortured or coerced into admitting their religious associations, and if one remains silent, then he is assumed as guilty. This idea of self-incrimination was brought in the United States by the Puritans. In present days, courts have established the right in contrast to self-incrimination to be inclusive of communicative or testimonial evidence at legal proceedings and police interrogations.This right claims that citizens of a state cannot be forced by the government to attest against themselves.

Through permitting individuals not to answer queries that can make them look guilty, the Fifth Amendment rectifies the battle among telling the truth and defending oneself. However, if a defendant chooses to testify, then he cannot choose on some of the queries to answer. Once the offender takes the position of a witness, the Fifth Amendment is deliberated to be waived all through the hearing. When the offender appeals for the Fifth Amendment, then the judges are not allowed to consider the refusal of testifying when they are to decide whether the offender is guilty.

Defendants have multiple rights in the constitution and violation of any of them is termed as illegal. In order for an individual to feel that the fifth amendment of the constitution has been violated, there must be some aspects that have not been considered. Firstly, illogical seizures and searches carried out by the government when they are investigating illegal activities in trying to develop a case in contrast to a specific suspect. This activity by the administration infringes the Fifth Amendment’s making the defendant feel a sense of violation (Skoll, 2008).

Double jeopardy means that a person can be tried for more than once for a similar crime. If the court does consider this aspect, then an individual can be tried for crimes in which he was not guilty. Secondly, the defendant can also be tried for crimes that he is found to be guilty. Thirdly, the defendant can be punished numerous times for a similar wrongdoing. Through all this, the defendant’s physical, financial, emotional and psychological problems are affected due to this jeopardy element.

This is violating the Fifth Amendment that does not agree on double jeopardy.If there is Self-incrimination, then it means the individual is being forced to be a witness against herself or himself. One is considered guilty if he or she does not respond to the government questions as per how the administration feels best if not then the subject is termed as being guilty. By doing so, the court is violating the 5th Amendment by not giving the defendant the right of not testifying. Hence, making the judge, defendant’s lawyer and the prosecutor to take a witness stand that is contrary to his or her will.

ReferencesSkoll, G. R. (2008). Torture and the Fifth Amendment: Torture, the Global War on Terror, and Constitutional Values. Criminal Justice Review.