Essay on The Second Amendment And Self Incrimination

1185 Words Nov 29th, 2015 5 Pages
Many people have heard of the 5th amendment and self-incrimination, but not all of know its origins or what it means. First off, what is self-incrimination? Well, self-incrimination is the act of implicating oneself in a crime or exposing oneself to criminal prosecution. This means that you would be telling on yourself for some sort of criminal activity. The origins of self-incrimination dates back to 17th century England, when the Puritans refused to cooperate with interrogators. Often times the Puritans would be tortured or coerced into revealing their religious affiliation. If they chose to remain silent, they were found guilty, even though there was a law against self-incrimination brought about after a revolution in the mid 1600’s. It is believed that the Puritans that fled religious persecution and came to America brought the idea of a law against self-incrimination with them to America. The Fifth Amendment was added to the constitution in 1791 with the bill of rights. The Fifth Amendment was originally in 9 of the 13 colonies’ constitutions before the actual constitution. The Fifth Amendment self-incrimination originally only covered criminal proceedings and pretrial proceedings, but now it covers any other proceeding, civil or criminal, formal or informal, where his answers might incriminate him in future criminal proceedings. Under the Fifth Amendment self-incrimination you cannot make reference to a defendant 's refusal to take the stand as probative of…

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