Saturday, September 18, 2010
Fifth amendment
(1)Source:"If it weren't for the Second, we wouldn't need to plea the Fifth." Love, Jason. http://www.cartoonstock.com/cartoonview.asp?start=&search=main&catref=jlvn304&MA_Artist=&MA_Category=&ANDkeyword=fifth+amendment&ORkeyword=&TITLEkeyword=&NEGATIVEkeyword=
(2)Source: "Fifth amendment right against self-incrimination." FindLaw. http://criminal.findlaw.com/crimes/criminal_rights/self_incrimination/
(3)Source
Constitutional connection:
The fifth amendment is the right against self-incrimination. What does that mean? When in a criminal case, the defendant can't be forced to be a witness against him/her. The fifth amendment can be also called forth by saying "I plead the fifth."(2)
Explanation of connection:
When the defendant chooses to "plead the fifth" on a court (for what ever reason), he can't be forced to answer any questions he doesn't choose to. The judge doesn't have the right to make him guilty just because he didn't want to testify. BUT, this doesn't mean that by just using the fifth amendment that the defendant can take advantage of this amendment and get away with what ever he did that was wrong. There are some things that the defendant can't refuse to do, so the fifth amendment can't be taken advantage of.(2)
This cartoon demonstrates the fifth amendment of the United States Constitution. Citizens have the power/right to leave unanswered any questions that the defendant chooses to. This cartoon demonstrates how this man used to "plead the fifth" to not answer what ever the lawyer was asking him. Nobody can force him to explain or answer questions that he chooses not to, since, the fifth amendment is in the constitution and gives him the right to remain in silence.
In my opinion, I am grateful that the constitution has this fifth amendment because I strongly agree that if you don't want to answer a question, that you shouldn't be forced to answer it. This cartoon is interesting because, this gives the people/citizens power and shows the police, lawyer (etc) that they don't have ALL the power. In other words, we the people of the United States have the power too..even if it is just to remain silence.
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