The Importance of the Fifth Amendment – Andrea
Hi Class,
What a discussion question! Addressing which of the constitutional amendments between the Fourth, Fifth, Sixth, and Eighth is of the most important is very hard for me to decide. In short, explained by “Amendments to the U.S. Constitution” (2021), the Fourth amendment protects against unreasonable search and seizures, the Fifth amendment ensures fair treatment and due process, the Sixth amendment guarantees the right to a speedy trial, the right to confront witnesses, and the right to legal counsel, and the Eighth amendment protects against cruel and unusual punishment (“Amendments to the U.S. Constitution,” 2021). Obviously, all the amendments within the United States Constitution are of utmost importance to protect individual liberties within the legal system. However, for this discussion, I will focus on the importance of the Fifth amendment. It was hard for me to decide between the Fifth and Sixth amendments because they both deal with ensuring fair treatment and due process, but the Fifth amendment protects individuals from self-incrimination, preserving the presumption of innocence until proven guilty, and a guarantee of due process.
I will not bore you with writing the totality of the Fifth amendment as we can all research it, but as explained in “The Fifth Amendment” (2022), there are several freedoms to highlight within the amendment. The Fifth amendment provides, “The right to a grand jury, the right to be free from double jeopardy, the privilege against self-incrimination, due process, and just compensation” (The Fifth Amendment, 2022). Arguably, the Fifth amendment holds particular significance in comparison to the other amendments due to its foundational protections. This amendment protects individuals from being coerced into confessing to a crime they may not have committed. Examine the Miranda v. Arizona (1966) case, for example. As described by “MIRANDA V, ARIZONA 1966″ (2017), Ernesto Miranda was arrested and interrogated by police without being informed of his Fifth amendment rights. In result, Miranda’s confession was inadmissible as evidence against him because it was obtained without informing him of his constitutional rights. This case remains significant not only for the establishment of the Miranda rights, but also for its role in protecting citizens against self-incrimination (“MIRANDA V. ARIZONA,” 2017). Notably, the Fifth amendment also requires the federal government to pay compensation for any private property seized for public use (“Amendments to the U.S. Constitution,” 2021). Additionally, this amendment protects against double jeopardy. Meaning, once an individual has been acquitted or convicted of a particular crime, they cannot be tried again for the same offense by the same jurisdiction. This prevents the potential overreach, harassment, or abuse of power by the government. Furthermore, the right to due process guarantees fair treatment and procedural safeguards throughout legal proceedings, holding the legal system accountable for any unjust issues. As Amaryllis Fox, who is a former clandestine service operative, explains in a video, “The Fifth amendment is really the big Kahuna” (“Amendments of the U.S. Constitution: The 5th Amendment,” 2018). She explains that she has lived and worked in various countries across the world where those individual rights are not respected. The taking of life, liberty, and property without due process of law is a daily operation (“Amendments of the U.S. Constitution: The 5th Amendment,” 2018). This leaves law enforcement the judge and jury over someone’s life, liberty, and property which is completely unjust. Without the Fifth amendment, as we may see in other countries, it would leave citizens vulnerable to a higher rate of false confessions and miscarriages of justice. It would demonstrate a lack of checks on government power and individuals’ rights, minimizing the integrity of the legal system.
Again, while all the constitutional amendments discussed are critical, the Fifth amendment is focused on for this discussion due to the high importance of protecting individual liberties. The protection against self-incrimination and the guarantee of due process ensures equity and fairness. Without it, citizens would be extremely susceptible to injustice.
Andrea
Amendments of the U.S. Constitution: The 5th Amendment. (2018). [Video/DVD] Big Think. https://video.alexanderstreet.com/watch/the-fifth-amendment-do-not-break-in-case-of-emergency
History.com. (2021). Amendments to the U.S. Constitution. https://www.history.com/topics/united-states-constitution/amendments-us-constitution
MIRANDA V, ARIZONA 1966. (2017). In Milestone Documents of American Leaders.
The Fifth Amendment. (2022). In The Constitution Explained: A Guide for Every American.
