Find an article that relates to the Conducting Constitutional Searches, The Fifth Amendment: Due Process and Obtaining Information Legally. Go to the Internet and find an article that discusses the same topic. Then write in an APA Journal Assignment format a minimum of 250-300 words per article, explaining the article and then give your opinion to the pros or cons of the article.
The Fifth Amendment
The Fifth Amendment requires that the defendant can only be tried once, thus the double jeopardy where one has the right to not self-incriminate. Additionally, that the defendant undergoes the due process to protect his or her fundamental rights. The provisions of the Fifth amendment from the double jeopardy rule and the that of against self-incrimination has undergone immense public scrutiny (Kerr, 2018). Many critics have claimed that these provisions have hindered the duly process of the law’s pursuit of justice as many defendants enjoy the privilege. An exemplary instance is in the case of Mathew Reiner v state of Ohio whereby he was convicted for involuntary manslaughter of his son, however, however batt, the baby sitter pleaded the fifth against self-incrimination, meaning that she was not held culpable despite having valid information regarding the case. (NCJRS,2012). Therefore, as long s Batt the baby sitter and the witness in the murder asserted her fifth amendment privilege against self-incrimination, it was clear that she was protected from any involvement in the death.
However, without exercising the Fifth amendment in the case, the babysitter would be answerable to the jury. Therefore, one of the major cons of the Fifth amendment is that it hinders the full execution of justice especially where witnesses or defendants protects themselves from self-incrimination, meaning they are at liber tot not talk during incrimination.in the case the Fifth amendment hindered the prevalence of justice (Kerr, 2018). Additionally, in cases where defendant feel protected by the double jeopardy rule, it protects them from conviction from committing similar offense and getting away with it. Additionally, when it comes to protection against self-incrimination, individuals tend to feel the need to be protected against illegal coercions and obtain information against their will.
Kerr, O. S. (2018). Compelled Decryption and the Privilege Against Self-Incrimination. Tex. L. Rev., 97, 767.
(NCJRS,2012)https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=200918 (Retrieved, October 22,2020)