Category: Fifth Amendment

September 6, 2007

The Fifth, Before Arrest

Filed under: Criminal Law,Fifth Amendment - 06 Sep 2007

Fifth Amendment gives citizens of the United States the right to remain silent, if they believe that speaking would incriminate them or in some way connect them to a crime that was committed. Not …

September 5, 2007

The Miranda Hiccup

I’ve been thinking about a particular situation that might arise as a result of police negligence and, as you might expect, it’s at once a sad and funny thing to think about.

As most of us know, since 1966 …

August 31, 2007

A Note on the Fifth

Filed under: Constitution,Fifth Amendment,Law - 31 Aug 2007

The fifth Amendment to the Constitution guarantees no citizen “shall be compelled in any criminal case to be a witness against himself.” Neither prosecutor nor jury nor judge can compel a defendant to take the witness stand in his …