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The Fifth Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The Fifth Amendment was one of the ten amendments that were part of The Bill of Rights, which was created in 1791 in order to make sure that the government didn’t abuse individual’s rights, appeasing Anti-Federalists, who were against a strong Federal Government. The Fifth Amendment addresses the rights of someone who has been accused of a crime, and grants them the right to a grand jury in order to have a fair trial; the right to not be charged for the same crime twice, also known as Double Jeopardy; the right against self incrimination, meaning that those charged with crimes will not be prosecuted for staying silent; and the right to due process, meaning that the government is not allowed to take a person’s freedom, possessions, or life away without going through a court system.
The Fifth Amendment also led to the Miranda Rights. When someone is arrested, the arresting officer must inform them of their Fifth Amendment right to stay silent. The Miranda Rights stemmed from the Supreme Court Case of Miranda v Arizona. Miranda was a man accused of kidnap and rape. He was not informed of his right to stay silent, and he confessed to the crimes and was sentenced to 20-30 years in prison. However, Miranda was granted early release because he was not informed of his constitutional rights. This case was used for the supreme court to set a precedent that the Fifth Amendment would be strictly upheld, and Chief Justice Earl Warren stated that it would be the police’s job to work within the confines of the Fifth Amendment, as well as other amendments from the bill of rights.
This case sparked fierce debates about the use of the Fifth Amendment, with some people believing the Fifth Amendment needs to be heavily enforced in order to limit the government’s power over the rights of individuals, while others believe that individuals’ rights are important, but the guilty should not be let free due to evidence gotten unconstitutionally, citing the Miranda case. Even the supreme court was divided on the matter, with the vote for Miranda to be released being 5-4.
The dissenting opinion written by Justice Tom Clark stated that he believed that strictly enforcing the Fifth Amendment would make the police’s job more difficult. Last year, Vega v Tekoh, a case very similar to Miranda v Arizona was brought to the Supreme Court. Tekoh was a male nurse who was accused of sexually assaulting a woman named Sylvia Lemus. Tekoh was interrogated by Los Angeles County Sheriff Deputy Carlos Vega, who did not inform Tekoh of his Miranda rights. Tekoh confessed, but that confession was not enough for Tekoh to be found guilty.
However, when Tekoh sued Vega under the 42 U.S.C. § 1983 action, which provides the right for individuals to sue government officials for civil rights violations, the claim was not approved, with a 6-3 vote in the Supreme Court against the claim. The majority opinion, given by Samuel Alito stated that a Miranda Right violation wasn’t the same as a Fifth Amendment violation. This ruling was the opposite of the Miranda v Arizona case, implying a less strict interpretation of the Fifth Amendment. Of the several views of how the Fifth Amendment should be interpreted, I believe that it should be strictly upheld. While the strict use of the Fifth Amendment could lead to a few of the guilty being freed, it is ultimately more important that individuals’ rights are protected, and the innocent aren’t unjustly punished by the very government that is supposed to protect them.