The Pros And Cons Of The Fifth Amendment

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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 …show more content…
In this time period Britain was barely putting the motion of laws into effect, for many individuals “Liberty” was absolute it was not a subject to political change. While liberty was in effect British Constitution Theorist listed all the rights an individual had but what they did not put was the “right to be free from arbitrary police power” (Garcia, p. 27). This in fact enraged several individuals yet like other countries if pushed came to shove then progress would be made. When the concept of double jeopardy appeared in England, it was said to have come from the same root has the right to grand jury. With this being said the main principle of double jeopardy came from the issue of Thomas Becket and Henry II. In this case Henry II “resented the privilege of the clergy, to avoid prosecution in civil court by claiming that they had been already judged in ecclesiastical courts” (Garcia, p.26). Therefore, Henry challenged Becket in 1163 to retry the case again, although Henry knew he violated the double jeopardy rule, he went on with his side that soon ended in the murder of Thomas Becket. Henceforth with this tragic death England decided to apply double jeopardy into the rights of the individuals, that it correspondingly reflected among the civil and criminal law till legal …show more content…
Sir Edward Coke and William Blackstone contributed to the many changes the law went through. For one William Blackstone wrote down the rights down for the individuals that like the common people in Rome did not understand the decisions being made by pontiffs many individuals in Britain did not understand the Constitutional Theorist. While Coke was a well-recognized lawyer he fought against certain constitutional actions made by the king. These two men collided the criminal and civil spheres into the modern day role of jeopardy. Eventually the customs of the mother land were greatly sent to the new world. In which many colonists faced several different problems that instead of using the common laws they created their own by using Blackstone’s Commentaries. In 1641 for the first time in America Massachusetts implanted the double jeopardy in clause 42 stating “No man shall be twise sentenced by civil justice for one the same crime, offense, or trespass” (Garcia, p. 27). This clause expanded far more than just the death penalty it included all criminal prosecutions and civil trespass. A century later it was finally introduced to the House of Representatives for evaluation on June 08, 1789, it was then formulated and passed in to Article VII. Finally, on September 09, 1789 Double Jeopardy would be implanted onto the Fifth Amendment stating “nor shall any person be subject

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