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PONBallfordM89
29.12.2019 •
History
How has the supreme court interpreted the fifth amendment protection against self
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Ответ:
What does the fifth amendment protect?
The Fifth Amendment protects the right to avoid incriminating yourself. A defendant can plead the Fifth Amendment if a lawyer asks a question that the defendant would incriminate himself or herself by answering truthfully.
Explanation:
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The Fifth Amendment of the Constitution guarantees that “no person . . . shall be
compelled in any criminal case to be a witness against himself. . . .” This right was made
part of the Bill of Rights to prevent a tyrannical government from forcing accused persons
to confess to crimes they may or may not have committed. Miranda’s case before the
Supreme Court was based on this Fifth Amendment protection. The Court accepted the
case in order to explore and clarify certain problems arising from earlier decisions related
to the rights of individuals taken into police custody. The precise question that the Court
explored was under what circumstances an interrogation may take place so that a confession made during the interrogation would be constitutionally admissible in a court of law.
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Ответ: