The Importance Of Self-Incrimination In The Fifth Amendment

Superior Essays
The Fifth Amendment provides citizens with the opportunity to not be a witness in their own trial so that the possibility of self-incrimination is diminished. The self-incrimination clause protects defendants, but can be misconstrued at times as an admission of guilt by the defendant. There are several cases that have had to deal with the issue of self-incrimination, including Salinas v. Texas 570 US __ (2013) and Mitchell v. United States 526 US 314 (1999).
Salinas v. Texas 570 US __ (2013) FACTS: In the case of Salinas v. Texas 570 US __ (2013), a double homicide investigation in Houston, Texas in 1992 led officers to believe that Genovevo Salinas was a suspect in the murders (IIT Chicago-Kent College of Law, n.d.). Mr. Salinas then accompanied
…show more content…
The Court also decided that the District Court imposed an impermissible burden on the right against compelled self-incrimination by hold Mitchell’s silence against her at the sentencing hearing.
CASE SIGNIFICANCE: This case is significant because it decides that a guilty plea does not mean a defendant waives their right to the Fifth Amendment’s Self-Incrimination Clause. It allows the defendant to remain silent and for law enforcement officers to rely on the facts of their case to get the conviction. It also advises the courts that a defendant’s silence cannot be used against them to draw an adverse inference or see it as an admission of guilt. Amanda Mitchell entered a guilty plea in her case involving the distribution of cocaine. According to the District Court, this guilty plea waived her right to remain silent during the sentencing hearing. She was later sentenced under the 10-year minimum mandatory sentence. Mitchell did not testify and it was later decided by the Supreme Court that a defendant’s silence cannot be used to draw an adverse inference in reference to the circumstances of their case. It also decided that a guilty plea does not waive the right to remain silent (IIT Chicago-Kent College of Law,

Related Documents

  • Improved Essays

    This case mainly references the Fifth Amendment, the right against self-incrimination. In the case, Malloy, a petitioner, was sentenced to one year in jail for unlawful gambling. After 3 months, however, he was released from jail and put on probation for 2 years. While malloy was on probation, he was asked to testify to a state inquiry into gambling and other criminal-related activities that Malloy was involved in. When he heard this, he declined to testify and answer their questions because it would have incriminated…

    • 1273 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Agurs, the Supreme Court had expanded the rule by recognizing a duty to disclose exculpatory information even in the absence of a specific request for it, and the prosecutor failed to disclose this information that violated the defendants due process clause. In this case the female defendant testified self-defense with the stabling of her male acquaintance in a hotel room. She was then convicted of second degree murder. After the conviction of her trail the defendant had learned that the prosecutor failed to disclose this information at the trial of the victim (male acquaintance) having guilty pleas to assault and weapons possession charges. The prosecution failed to mention to the court and jury of the victims’ previous criminal background in the trial (Judge,…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Garrity vs. New Jersey Case Study Critique One Tracey Green CJUS 530 Liberty University ABSTRACT The Fifth Amendment establishes various rights within the criminal and civil courts. When it comes to criminal cases the Fifth Amendment guarantees the right to a grand jury and prevents double jeopardy and it also protects against self-incrimination. Also, it implements due process to be a part of any legal proceedings that would deny a citizen life, liberty or property and requires the government to compensate a citizen when private property is taken for public use.…

    • 906 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Malloy V. Hogan Summary

    • 251 Words
    • 2 Pages

    The ruling of The United States Supreme Court on Malloy v. Hogan,378U.S. 1(1964), the court was confronted with the issue of whether Mr. Malloy could utilize his Fifth Amendment right. To ensure that he did not incriminate himself in criminal activity during questioning in the state trial in the State of Connecticut (Neubauer and Fradella, 2009). The Supreme Court saw that the defendant had answered four of five questions during his testimony during the hearing and upon the last issue, Mr. Malloy invoked his Fifth Amendment right not to respond to the question. The State of Connecticut argued that the witness had answered the other matters without concern and found no reason that he should not respond to the last question asked to Mr.…

    • 251 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    (Alito, Salinas v Texas, 2012) Holding: The Judgment is affirment Rationale/Reason: The reason of this case concerns whether the prosecuting attorney may have used the defendant’s silence throughout pre-arrest , using pre-Miranda questioning as practical evidence of his guilt. Salinas put up a good argument that his Fifth Amendment right were violated by the Supreme Court because they should have over turn his guilty verdict because of the fact the Court of Criminal Appeals and lower Texas courts used evidence of silence throughout pre-arrest, pre-Miranda questioning. (Alito, leranlebertyedu,…

    • 392 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The Fifth Amendment says that no one can be accused of a crime unless a grand jury decides that there is enough evidence to charge a person for a crime in court. The defendant has a choice to testify or not to testify. If they choose to testify, the defendant loses his Fifth Amendment privilege and must answer the questions asked. However, at the trial the defendant who has been called to the witness stand by the grand jury can refuse to answer certain…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 1912 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…

    • 832 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    According to Longley (N.D) to protect yourself from giving a false confession one can plead the Fifth Amendment right. (A) The first step in preventing a false confession after being Mirandized is to tell the authorities that I wish to remain silent until I have an attorney present. (B) the second step would be to inform the authorities that my attorney advised me not to talk with the authorities during his or her absent to protected myself from self-incrimination. 2.…

    • 633 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    They have the choice not testify against them or answer questions that they think may make them seem guilty. The 5th amendment also gives both juveniles and adults the right to a grand jury trial, which means that the authority cannot keep them captive without offering them a suitable trial. It also guards them from being…

    • 133 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    The sixth amendment, which is the right to counsel is used to ensure fairness across the board. A right to counsel is needed to avoid unjust convictions as well as to protect the individual’s rights. Every defendant is entitled to counsel. Counsel is automatically provided to those who are facing the death penalty, are illiterate, or don’t have enough money to pay for one themselves. The sixth amendment guarantees the right to waive assistance of counsel and conduct one's own defense.…

    • 472 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Sixth Amendment simply ensured that the defendant in a federal criminal case who could afford to hire counsel would be entitled to appear through a lawyer, rather than being forced to defend himself. The U.S Supreme Courts and the State Supreme Courts came to an agreement that the government should provide lawyer to the vast majority of criminal defendants who cannot afford to hire a lawyer. According to Worrall the United State V. Wade (388 U.S.2189 (1967)) “The presence of counsel is necessary to preserve the defendant’s basic right to a fair trial”.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    For Gould this was the most surprising result of his research because he and his team expected strong prosecutorial cases to result in wrongful convictions since the evidence was compelling for the prosecutor to seek conviction but instead the study revealed the contrary. This led the team to look at weak defense counsel, poor explanation/presentation of forensic evidence, and police practices that could trigger the course of events spiraling out of control to a wrongful conviction because the weak prosecution case in turn is not adequately challenged by the defense attorney and the prosecution for one reason or the other may fail to disclose exculpatory evidence- a Brady violation (NIJ…

    • 2703 Words
    • 11 Pages
    Superior Essays