What is the Fifth Amendment and Why Do You Need to Invoke It?
The Fifth Amendment
Human rights is an important part of the criminal law and it is protected by the Fifth Amendment. The Fifth Amendment of the United States Constitution declares that no person shall be pressured to be a witness against himself in any criminal case. The amendment has been expanded by the U.S. Supreme Court with the application of the Self – Incrimination Clause. It tends to include the police station interrogations or any proceedings – either civil or criminal, to be part of the amendment. The person has the right to not answer any questions thrown to him as it might be used against his own will. Self Incrimination Clause can only be used by individuals. Organizations such as corporations are not allowed to take advantage of this Clause to refuse answering any legal examinations.
Miranda Warning
This is a preventive procedure in criminal cases that law enforcement is required to observe in order to safeguard the rights of a person under custody. This is restrains the government or anyone to pressure someone to confess by means of torture, force or trick. In case it is proven that the statements given are due to the threatening or any form of trickery, the court will consider it as untrue. On the other hand, if the person chooses to stand on his own behalf and does nottake advantage of the clause, he can no longer use it later on in the trial. By that time, he cannot refuse to answer every question posed him.
Forced Confessions
Statements and evidences that are gathered through forced confessions are considered void by the court. Once the suspect is not aware or was not informed ofhis rights, all the information gathered on the interrogations cannot be used against the accused on the trial.
For your Protection
Since the performance of the police officers and the prosecutors will rely on the volume of arrests and convictions they make, some would do anything even if it requires lying and threatening the suspects and the witnesses. The more arrests rate, the higher the performance indicator goes and it only means reward for them. To avoid these circumstances from happening, hire an excellent Las Vegas criminal defense lawyer. Unless he told you to speak, do not say anything especially if you know that it has something to do with the case. Criminal defense lawyer will guide you through the proceedings and would take the necessary legal steps to save you from being convicted.
Contact a Las Vegas criminal defense attorney for a legal counsel.
External Links:
http://rcarterpittman.org/essays/Bill_of_Rights/Privilege_Against_Self-Incrimination.html
