The or our property away without convicting

      The Fifth Amendment is important because
it protects us from having our rights abused by the government. It protects us
from having the government take our freedom or our property away without
convicting us of a crime. It also sets out rules for how people would be
sentence for the crime convicted. Double jeopardy; you cannot be tried twice
for the same crime until there is new evidence. 
For example, in a criminal case against you: “Jurors cannot be
instructed to infer guilt when the defendant refuses to testify, even if they
refuse to testify in their own defense. Such as the Griffin v California, case.
The petitioner was convicted of murder in the first degree after a jury trial
in California court.” According to 
Griffin v California. This was a Supreme Court case in which the court
ruled by a 6-2 vote. This is abuse of the defendants Fifth Amendment rights for
the prosecutor because to comment to the Jury on the defendants refuse to
testify, or for the judge to state that such silence is evidence of guilt. This
“No comment rule” had already been called on the federal government courts.

    In addition, the significance of the Fifth
Amendment is that our constitution makes the right not to self incriminate. For
example, it allows juries to take into consideration that a defendant who does
not want to testify, could call upon the Fifth Amendment during testimony or
refuses to answer police questions. Laws as this exists in England and Wale, where
the criminal justice and public act now allows assumptions from silence. This
is considered as the advantage against self-incrimination. For example, “The Miranda
v Arizona case, he was found guilty of rape and kidnapping. He was never
informed of his rights to remain silent or the right to consol present. After
two hours of interrogation, Miranda made self-incriminating statements including
an oral and signed a written confession, which was later used against him at
trial.” According to, Miranda v Arizona case.

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    Furthermore, the Fifth Amendment is
important because it extends double jeopardy protection to those at risk for “life
or limb” sentence. Such as the Benton v Maryland case, is a supreme court of
the U.S. decision concerning double jeopardy clause of the Fifth Amendment
applies to the states. “Benton was charged with burglary and larceny in a
Maryland court. The case was remanded and Benton chose to confront a new grand
jury. “According to Benton v Maryland case. It indicted him for larceny and
burglary; the jury found him guilty of both charges. Benton then argued that
re-indicting him on the larceny charge after he had been free, amounted to
double jeopardy. This would be violating the Fifth Amendment because he already
served his time for larceny and the jury is trying to reserve him for larceny
and burglary. 


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