Free Society Essays
Importance in a Free Society
The importance of the Fifth Amendment in a free society is that you have the right to refuse to answer questions that might invoke trouble or in some cases lead others to make assumptions about your character or behaviors. You also have the right to counsel or an attorney who is educated and experienced in law and can help with defense. Once you are charged, the jury of peers can decide whether or not the case is worthy of further investigation. Two important facts to notice is that the judge and jury decide YOUR fate and once charged, you CANNOT be punished twice for the same offense or punishment.
One example of applying the Fifth Amendment was during the salmonella outbreak in eggs a short time ago. During the trial, one of the farm owners “plead the fifth” because he did not want his answers to be misinterpreted. He possibly had more information on the outbreak and did not want to get involved or want to be guilty by association.
One example of applying the Fifth Amendment was during the salmonella outbreak in eggs a short time ago. During the trial, one of the farm owners “plead the fifth” because he did not want his answers to be misinterpreted. He possibly had more information on the outbreak and did not want to get involved or want to be guilty by association.
If the 5th was NOT guaranteed....
If we were not guaranteed the Fifth Amendment, people would have many difficulties in courts and trials. Some of these include being forced to answer questions in front of a jury, not being allowed a lawyer that would speak in favor of you, and much more. You would not have a jury, but one person saying what was happening and the judge deciding based on their opinion. You could also be charged several times for the same offense.
Another situation that would happen without the Fifth Amendment is that you would not have the right to compensation through Eminent Domain. Compensation takes place when the “Taking Clause” takes effect. First, the item(s) is/are taken away from the owner for the public trial or use. Next, the owner is compensated for the item(s) taken from them. For example, if the government needs to gain access to your backyard because your yard borders town property that is to be developed on and they wear down your lawn in the process, then they are to compensate you by planting grass seed.
Another situation that would happen without the Fifth Amendment is that you would not have the right to compensation through Eminent Domain. Compensation takes place when the “Taking Clause” takes effect. First, the item(s) is/are taken away from the owner for the public trial or use. Next, the owner is compensated for the item(s) taken from them. For example, if the government needs to gain access to your backyard because your yard borders town property that is to be developed on and they wear down your lawn in the process, then they are to compensate you by planting grass seed.
