The Fifth Amendment states that no one should have to answer for their crime unless a presentment or indictment of a grand jury. For those who
don’t understand, this means that no one can be tried for a serious federal crime unless they have been charged or indicted by a grand jury.
This is an important right in our constitution because it lets the citizens of America know that they should not be tried in court unless they
have already been indicted. The purpose and extent of the Fifth Amendment right are as follows:
What the Purpose
The purpose of this amendment is to offer fairness to each person who finds himself or herself in this situation. Often times, once people
know what crimes someone has done and due to bias and things of that nature, we sometimes judge them for the things that we find morally
unsound. Although some people do deserve punishment for their crimes, in the end, they are still human beings. They still have the same rights
as everyone else. Being that this law is in place, it serves on the side of justice for these people and the courts to practice their rights.
Who Does It Protect
As stated earlier in the above paragraph, this amendment was created to protect you. In any case that you may be involved in something that
causes you to be faced with criminal charges, this amendment works in your favor. It makes sure that regardless of what your crime was and how
serious it may have been that you receive fair and proper trial just as any other criminal with a case would. Everyone makes mistakes however;
everyone is also entitled to have the opportunity to face a reasonable trial after their conviction.
What is Double Jeopardy?
In addition to the justice, that the Fifth Amendment right provides people who committed crimes with, the double jeopardy rule applies as
well. The rule against double jeopardy makes it so that if someone were tried and convicted of one crime, they could not be tried for that
same crime again. This is another rule that is in favor of the person who committed the crime because it provides them with their sentenced
punishment and although that crime may be on their record, it can no longer be used against them in court again. In certain situations, the
crime they committed may still work against them but it is against the Fifth Amendment right to charge someone for one crime more than once.
It’s true that some crime is worse than others are but in the end, a crime is still a crime. The people who commit these crimes may be
criminals but they are still human beings. Under the United States constitution, they still have rights like the ones listed in the Fifth
Amendment. Knowing your rights and practicing them is an important part of the judicial system. Sometimes people are taken advantage of
whenever their rights are overlooked or taken from them. Don’t let yourself be one of those people.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte
School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and
criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her
husband Michael and her golden retriever, Buster.