Rhode Island Criminal Lawyer
The Fifth Amendment and Your Miranda Rights
When you are accused of a crime, your interests collide with the interests of the prosecution and police. They would like to convict you in court and send you to jail; you would most likely want to have the charges dismissed or disproven and to stay out of jail. Unfortunately, the prosecution and the police are in positions of authority and power. They have the benefit of resources, time, and experience. They are trained to get convictions, while you are just an average citizen. How can you prove your innocence in such a situation?
It was with this dilemma in mind that the Fifth Amendment to the US Constitution was written. This amendment states 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, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”
Under this amendment, you have the right to avoid “self-incrimination.” In other words, neither the police nor the prosecution can force you to give testimony or answer questions which would incriminate yourself. The phrase “to plead the fifth” stems from this right, and allows you to refuse to answer incriminating questions.
In 1966, the US Supreme Court made a landmark ruling based on the Fifth Amendment in the case Miranda v. Arizona. In it, the Court threw out an admission of guilt by Ernesto Miranda because police had not properly informed him of his Fifth Amendment rights prior to questioning. Even though Miranda was later convicted based on other evidence, the Supreme Court ruling had striking consequences for law enforcement. Essentially, police were now obligated to “read their rights” to a defendant before subjecting him or her to questioning. Otherwise, any information obtained through interrogation would be inadmissible in court. The Miranda warning goes something like this:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
Although the exact wording of this warning may vary slightly, the content and meaning does not change. Under the Fifth Amendments and the Supreme Court ruling in Miranda v. Arizona, you as a normal citizen are provided some protection when or if you are ever arrested and charged with a crime.
For more information about protecting your rights, property, and liberty when you are accused of a crime, call Rhode Island criminal defense lawyer James Powderly at 401-662-9006 today.