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5th and 6th Amendment

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5th and 6th Amendment Student Name Institution Course Professor Date The Fifth Amendment: Rights and Consequences of Violations The 5th Amendment of the US Constitution provides several critical protections to people within the justice system. These include the "right against self-incrimination," "protection against double jeopardy," and the "guarantee of due process" (Crema & Solum, 2022). The right against "self-incrimination" allows individuals to reject to answer questions or utter statements that could implicate them in criminal activities. Mandatory rights in the Fifth Amendment violated in Miranda v. Arizona (1966) include excluding evidence obtained from the suspect during interrogation if the suspect was not informed of their rights. This case led to the famous 'Miranda Rights,' now considered one of the essential principles of police work in the US (Miranda v. Arizona, 1966). Neglecting these rights before interrogation may result in the exclusion of evidence and the dismissal of such cases. Protection against double jeopardy means that once a person is either convicted or acquitted for a specific offense, they can never be tried again for the same offense. This principle was mainly considered in Benton v. Maryland (1969), where the Supreme Court stated that the "Double Jeopardy Clause" of the 5th Amendment is made to apply to the states through the 14th Amendment (Benton v. Maryland, 1969). This is because any form of interference with this protection may lead to the dilution of the legal system and, therefore, loss of the public's confidence in the fairness of the legal processes. The Sixth Amendment: Rights and Consequences of Violations The 6th Amendment enshrines the f...
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