Thursday, December 1, 2011

The Fifth Amendment

"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."


There is no doubt that President Barack Obama would not where he is today without his monumental speech given at the 2004 Democratic National Convention.  But what does this speech have to do with the Fifth Amendment?  Within this speech is what I believe to be one of the greatest political quotes of the modern area.  It represents everything that America should stand for and everything that America should believe.  In the post September 11th, 2001 area, many people found it hard to not blame, question, interrogate, or be fearful of the Arab-American.  Barack Obama put this country back on the right track when he said this about due process, "If there’s an Arab American family being rounded up without benefit of an attorney or due process, that threatens my civil liberties."  Throughout the entire speech, that one statement was cheered for the loudest. 



Miranda v. Arizona 1966 was a monumental court case.  That single case gave every man and woman in this country rights when they are taken into custody.  1. You have the right to remain silent.  2. Anything you said can and will be used against you in a court of law.  3. You have the right to talk to a lawyer and have him present while you are being question.  4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.  5. You can decide at anytime to exercise these rights and not answer any questions or make any statements.  The truth is that Miranda v. Arizona has forever changed this country and the way it deals with criminals.


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