Essay On Fifth Amendment

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Running Head: CONSTITUTIONAL PROTECTIONS The Constitutional Procedures Deborah Llamas Kaplan University CJ500-01N Professor Gordon Crews March 6, 2013 The Fifth Amendment referred to as the Bill of Rights implemented because of the standard method “I Plead the Fifth” (Bill of Rights, 2008). The four basic clauses associated with the Fifth Amendment include, the grand jury clause: that no individual held responsible in justifying a capital, or either heinous crime, unless on a claim or demand by a Grand Jury. The Grand Jury Clause is an essential component because it requires a grand jury in capital cases to prevent a person charged without evidence, determined by a Grand Jury…show more content…
In addition, relative to confessions, they are not legitimate if the person’s fourth amendment rights violated because of coercion. The fifth Amendment self-incrimination right includes that no person may be obligated to be a witness against him or her. The sixth Amendment represents a person’s right to counsel and is the right to counsel if one cannot afford counsel the court will provide one for them. The free and voluntary rule is comprised of the 14th Amendment due process clause and 5th Amendment clause, the dominant test for the law of confessions. The free and voluntary rule comprised of the 14th Amendment due process clause the Fifth Amendment clause, the prevailing test representing the law of confessions. Miranda v. Arizona (1966) represents a case law entailing each of the abovementioned amendments in which a suspect not read their rights before questioning would have their case dismissed due to evidence obtained illegally. In addition, if read their Miranda rights and refused enables them to utilize the fourth amendment protection against incriminating themselves. In addition, the defendant typically guaranteed a court appointed attorney. The confession if given upon analyzed to determine if the confession passes the voluntariness test (Soree,

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