Examples Of Abolishing The Fifth Amendment
After hearing the speaker defend his position on why the Fifth amendment should be abolished, I find myself questioning whether the speaker made logical points. After further review, I have concluded that I cannot be in agreement with the speaker regarding his stance on abolishing the Fifth amendment.
Criminal law by nature is interesting to most people. However, there are many citizens that misinterpret what their rights are in a court of law. For instance, the Fifth amendment is a person’s right to not self-incriminate. Defendants typically do not address the court directly. They do so through they attorney. Attorneys are “responsible for advising their clients of their right to testify, whether or not it is wise to do so, as ell as the strategic implications of that decision” (Stock, 2015, p. 712). Just because a defendant does not testify on their own behalf, should not presume guilt. The sixth amendment stipulates that a defendant has the right to an attorney and to a jury trial. This is the premise where miranda rights come into play. …show more content…
The example provided in the speech surrounded a conversation between a married couple with the wife asking where her husband was at. The presumption is that the husband would is lying if he failed to answer the question. This does not prove the husband was lying. For all we know, he could have been planning a surprise for his wife. According to Mourer (2015), “adversary presentation is the only effective means for combating the natural human tendency to judge too swiftly” (p. 1107). Simply put, we allow our own biases to interfere with our criminal justice system and daily,
Criminal law by nature is interesting to most people. However, there are many citizens that misinterpret what their rights are in a court of law. For instance, the Fifth amendment is a person’s right to not self-incriminate. Defendants typically do not address the court directly. They do so through they attorney. Attorneys are “responsible for advising their clients of their right to testify, whether or not it is wise to do so, as ell as the strategic implications of that decision” (Stock, 2015, p. 712). Just because a defendant does not testify on their own behalf, should not presume guilt. The sixth amendment stipulates that a defendant has the right to an attorney and to a jury trial. This is the premise where miranda rights come into play. …show more content…
The example provided in the speech surrounded a conversation between a married couple with the wife asking where her husband was at. The presumption is that the husband would is lying if he failed to answer the question. This does not prove the husband was lying. For all we know, he could have been planning a surprise for his wife. According to Mourer (2015), “adversary presentation is the only effective means for combating the natural human tendency to judge too swiftly” (p. 1107). Simply put, we allow our own biases to interfere with our criminal justice system and daily,