Video
Written Component
The Fifth Amendment
The Fifth Amendment to the United States Constitution protects individual rights by ensuring a fair and just legal system. One event does not appear to have prompted the addition of the Fifth Amendment; rather, the amendment was born out of a recognition of the importance of a just legal system. The Fifth Amendment includes five separate protections: right to a trial by jury (the right to be judged by an unbiased audience of informed citizens), protection against “double jeopardy” (one cannot be tried multiple times for the same offense), protection against self-incrimination (individuals are not compelled to implicate themselves), the right to a fair and speedy trial (cases should not involve prejudice or unnecessary delays), and protection of private property (without compensation, the government cannot seize personal property). Of these provisions, one of the most controversial features of the Fifth Amendment is the protection against self incrimination, commonly known as the “right to remain silent”.
The relevant text of the Amendment reads, “ …nor shall be compelled in any criminal case to be a witness against himself…”. Generally, it is interpreted to mean individuals are permitted to refuse to answer incriminating questions or “take the 5th” during a criminal trial. These protections have been extended to the pre-trial investigation stage. Law enforcement is obligated to inform suspects in custody of their right to invoke the Fifth Amendment by reading them an explanation known as a Miranda warning.
The Supreme Court case, Bobby v. Dixon, demonstrates the issues caused by the broad language of the Fifth Amendment. Archie Dixon was questioned first about forgery without being Mirandized and his requests for an attorney were ignored. Subsequently, during a second interrogation after receiving Miranda warnings, he confessed to murder. The Sixth Circuit ruled that the police’s actions during the first were unconstitutional and that the second questioning was thus impermissibly tainted. However, the Supreme Court overruled this decision arguing that “Dixon was not in custody when he asserted his right to an attorney, and denied his ability to assert this right before he was in formal custody…” It was decided that there was no nexus between the improper unwarned admission to forgery and his later Mirandized confession to murder. Therefore, the Supreme Court found Dixon’s confession was properly elicited and reinstated his conviction.
Furthermore, Griffin v. California (1965), a Supreme Court case, challenged the practice inferring guilt against defendants who employed their Fifth Amendment rights. Many people then were coerced into testifying to prevent the assumption of guilt. The Supreme Court decided in Griffin this practice rendered the Fifth Amendment protections hollow as no one should be ‘made “worse off” by asserting the Fifth than by not asserting it.’
The Fifth Amendment is a cornerstone of the American legal system, protecting individuals from self-incrimination, ensuring due process rights, and safeguarding property rights. The Fifth Amendment plays a significant role in protecting individual rights against the potential abuses of a powerful government.