The legal system of the United States is based on a variety of checks and balances that are designed to ensure justice will be served in every instance. Of course, history and circumstances have proven that lofty goal was simply not always possible. There are a few roadblocks that prevent injustice from affecting the outcome of a court case. The fifth amendment is one of most commonly recognized examples of protection from the legal system.
Amendments to the Constitution
An amendment is an improvement or modification of the United States Constitution. Over the past two hundred years, more than 27 amendments have been enacted. The first ten amendments are commonly known as The Bill of Rights.
All amendments are deemed vital to the protection of individual rights. They cover a variety of topics relevant to personal freedoms. The right to free speech, due process, and religious preference. Other amendments, such as the third, cover what cannot be forced upon an individual. This quirky law states that private citizens may not be forced to house soldiers during peace or wartime.
The Famous Fifth
The Fifth Amendment is quite literally a household name. Generally, this amendment is most famous for the right to avoid self-incrimination. Defendants have a right to avoid divulging information that could potentially implicate them in a crime. By “pleading the fifth,” defendants can refuse to answer a question asked by either the prosecuting or defense attorney. Further, the refusal to answer cannot be construed by the judge or a jury as an admission of guilt.
Aside from the ability to stay mute during a trial, the fifth amendment also features other rights for defendants in a criminal trial. Another striking feature of the fifth amendment is the introduction of Grand Jury. This ensures that a second verification of the facts are reviewed by an impartial jury before a formal indictment is brought forth.
Finally, the fifth amendment protects individuals who have been accused of a crime but not convicted. If found not guilty in a judge or jury trial, a defendant cannot then be tried again for the same crime. This event, referred to as double jeopardy, is expressly forbidden under the Constitution thanks to the fifth amendment.