The Fifth Amendment : An Eminent Scholar Essay

1912 Words Nov 9th, 2016 8 Pages
The fifth amendment is part of the bill of rights in which each amendment specifies not only our rights but our protections against the government when needed. It is stated within the amendment that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”. Similarly, it is also divided into three separate clauses that enhance the major phases when dealing in a criminal investigation and prosecutions. The first one is the grand jury, secondly right to self-incrimination, and finally double jeopardy. The way it came to be in this order was due to not only history, but by also the clarification Alfredo Garcia initiated. Garcia is an eminent scholar for which he served as a dean at St. Thomas University teaching law, within previous years before being a dean he wrote the “Fifth Amendment” A Comprehensive Approach”. Within the book he expands and clarifies the fifth amendment by going in depth with each clause. For instance, he states the grand jury is placed as the “starting point of a formal criminal prosecution, the prosecution from double jeopardy seek to bring closure to that process”. Which in fact makes perfect sense, since the grand jury is placed from the beginning of the trial to hear evidence from both sides. As for double jeopardy, it is not until the trial court dismisses the case, becomes a mistrial, or the jury finds a verdict that it comes into effect. But for these three phases to have…

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