{"id":574,"date":"2023-06-02T20:51:11","date_gmt":"2023-06-02T20:51:11","guid":{"rendered":"https:\/\/blogs.dalton.org\/theconstitution\/william-safranek-5th-amendment\/"},"modified":"2023-06-02T20:52:29","modified_gmt":"2023-06-02T20:52:29","slug":"william-safranek-5th-amendment","status":"publish","type":"post","link":"https:\/\/blogs.dalton.org\/theconstitution\/william-safranek-5th-amendment\/","title":{"rendered":"William Safranek, 5th Amendment"},"content":{"rendered":"\n<h3 class=\"wp-block-heading\">Video<\/h3>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<div class=\"entry-content-asset\"><iframe loading=\"lazy\" title=\"5th Amendment Video William Safranek\" width=\"600\" height=\"338\" src=\"https:\/\/www.youtube.com\/embed\/n1SNiW5X_80?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<\/div><\/figure>\n\n\n\n<h3 class=\"wp-block-heading\">Written Component<\/h3>\n\n\n\n<p> <p><b>The Fifth Amendment:\u00a0<\/b><span style=\"font-weight: 400\">\u201cNo 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.\u201d<\/span><\/p> <p><span style=\"font-weight: 400\">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\u2019t abuse individual\u2019s 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\u2019s freedom, possessions, or life away without going through a court system. <\/span><\/p><\/p>\n\n\n\n<p><p><span style=\"font-weight: 400\">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 <\/span><i><span style=\"font-weight: 400\">Miranda v Arizona<\/span><\/i><span style=\"font-weight: 400\">. 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\u2019s job to work within the confines of the Fifth Amendment, as well as other amendments from the bill of rights. <\/span><\/p><\/p>\n\n\n\n<p><p><span style=\"font-weight: 400\">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\u2019s power over the rights of individuals, while others believe that individuals\u2019 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. <\/span><\/p><\/p>\n\n\n\n<p><p><span style=\"font-weight: 400\">The dissenting opinion written by Justice Tom Clark stated that he believed that strictly enforcing the Fifth Amendment would make the police\u2019s job more difficult. Last year, <\/span><i><span style=\"font-weight: 400\">Vega v Tekoh, <\/span><\/i><span style=\"font-weight: 400\">a case very similar to <\/span><i><span style=\"font-weight: 400\">Miranda v Arizona <\/span><\/i><span style=\"font-weight: 400\">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. <\/span><\/p><\/p>\n\n\n\n<p><p><span style=\"font-weight: 400\">However, when Tekoh sued Vega under the 42 U.S.C. \u00a7 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\u2019t the same as a Fifth Amendment violation. This ruling was the opposite of the <\/span><i><span style=\"font-weight: 400\">Miranda v Arizona<\/span><\/i><span style=\"font-weight: 400\"> 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\u2019 rights are protected, and the innocent aren\u2019t unjustly punished by the very government that is supposed to protect them.<\/span><\/p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury&#8230;<\/p>\n","protected":false},"author":4616,"featured_media":478,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[522,523,21,705,704,703],"class_list":["post-574","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-5th","tag-5th-amendment","tag-amendment","tag-safranek","tag-william","tag-william-safranek"],"_links":{"self":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/574","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/users\/4616"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/comments?post=574"}],"version-history":[{"count":0,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/posts\/574\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media\/478"}],"wp:attachment":[{"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/media?parent=574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/categories?post=574"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.dalton.org\/theconstitution\/wp-json\/wp\/v2\/tags?post=574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}