The Fifth Amendment is perhaps the best-known amendment after the first, at least to most of the television-watching public. Defendants who do not wish to incriminate themselves invoke this amendment in courtroom dramas, but the true function of the amendment has broader applications in the real world. This amendment provides Americans with the right to due process, the freedom from double jeopardy, and the right to just compensation after government takings in addition to the right against self-incrimination. It is the latter right, though, that comes into play as the “right to remain silent”.
If you have been arrested, you have been informed of your right to remain silent as well as your right to legal counsel. While this right does stem from the Fifth Amendment, the requirement for a defendant to be informed of these rights was codified in the 1966 Supreme Court decision of Miranda v. Arizona. The court upheld the defendant’s right to avoid self-incrimination (a Fifth Amendment matter) as well as his right to counsel (a Sixth Amendment matter). After the ruling, the police would not only have to uphold these rights but to inform those under arrest of the existence of those rights. In time, these “Miranda Rights” have become some of the best-known rights among Americans.
While the amendment does offer many protections, it is not a cure-all for those in trouble. In 1984, the Supreme Court found that a suspect’s Miranda rights could be waived if public safety was in immediate danger. In 1990, the Court found that a parent with limited custodial rights could be compelled to testify about a child’s location. Taken together, these cases demonstrate a public safety exception to the Fifth Amendment.
The Fifth Amendment is perhaps the most important right in the world of criminal law, as it directly affects every trial. While certain exceptions exist and the court constantly examines the meaning of one’s right against self-incrimination, it is clear that this well entrenched right is an important part of the American legal system. If you wish to learn more about law, crime, and the legal system, be sure to follow us today.
Crime Bull: Crime and Law Blog 