Sunday, August 29, 2010

The Fifth Amendment

Source
United States vs R. Richard Evans. December 12, 1996
http://www.joeizen.com/evans.htm


Constitutional Connection
The Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless in 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"

Explanation

This Articles reflects on the Fifth Amendment that you do not have to answer questions in court if you chose not to. Nor can you be convicted of the same crime twice which is called double jeopardy, or self incriminate yourself. This article tells about the case with R. Richard Evans vs United States. There was a conflict about the IRS & Mr. Evans had to appear in court. He was asked a series of questions. He answered some of them but refused to answer other questions, which were mainly about how much money he made, how often he got paid, etc. Mr. Evans understood that the IRS was gonna take some of his money so he didn't want to give them any information. He stated that his Fifth Amendment rights gave him the power to reject answering some questions.

I feel that the Fifth Amendment is a very logical one because not everyone has the courage to be as openly honest as some people. The Fifth Amendment right has also gotten people out of many situations. If you don't want to tell someone about you life or your past you don't have to except with some occasions. No one can Violate your Fifth Amendment right but you because no one can force you to talk. Someone can intimidate you but no one can force you physically to talk. Infidelity is another reason the Fifth Amendment right is so important. a popular phase referring to this right is when someone says "I plead the Fifth".

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