Sunday, August 29, 2010

I Plead The Fifth

Source: "Fifth Amendment: No Longer a Shield Against Government"  February 2, 1994
http://articles.latimes.com/1994-02-02/news/mn-18241_1_high-court
Constitution Connection

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Connection Explanation


The Fifth Amendment protects peoples from incriminating themselves and protects citizens from the Government. This includes keeping private property private which could also be connected to the fourth amendments rights.

The Fifth Amendment doesn't stand for what it used to according to the article "Fifth Amendment: No Longer a Shield Against government". Senator Bob Rockwood was fighting sexual harassment charges, and while on trial he was asked to surrender incriminating this such as diaries and past work records. He pleaded that this violated his fifth amendment. But if the governments demand doesn't need an oral testimony then it doesn't violate the fifth amendment.

I don't agree or disagree  this article, i personally thing the Senator had to be guilty of the crime if he wanted so badly to keeps things private. But if he wants to keep things private he should have liberty to do that. I think the law was wrong for trying to take his privacy away but i also think the senator was dramatic for pleading the fifth.

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