![]() ![]() citizens’ right to “life, liberty and property” without interference from the government. There is an equal protection clause in the 5th and 14th Amendments that protects U.S. Equal Protection Clause in the 5th and 14th Amendments Without a good lawyer by his side, a defendant might not even know that certain evidence may be inadmissible, which is crucial to whether his case proceeds or gets thrown out. This is why the right to counsel is so important. In such a case, all of the information he gave to the police can be considered inadmissible and thrown out – even if he confessed to the crime. Entire cases have been thrown out when defendants’ lawyers have shown that their clients weren’t read their Miranda rights upon being arrested.įor example, the 5th Amendment protects a defendant who provides police with information during an interrogation, which happened after not being read his Miranda rights. The right to counsel section of the Fifth Amendment has been invaluable to those who have been charged with a crime. In fact, the Fifth Amendment also requires that someone who is being arrested be read his Miranda rights (More on that later). This goes hand-in-hand with someone being read his Miranda rights (“If you do not have an attorney, one will be provided for you.”). The Fifth Amendment right to counsel provides that someone who is being interrogated by police has the right to have an attorney present during the process. Once a person is found innocent by a jury of his peers, even if new evidence is raised after the fact that proves he is actually guilty, he cannot be tried again for that same crime. The 5th Amendment prevents this from happening. The 5th Amendment also protects people from something called “double jeopardy.” Double jeopardy is the process by which a person who was accused of a crime, and found innocent, would then be charged with that same crime again. Their opinion is that, if he has nothing to hide, why wouldn’t he just testify and clear his name? Why would he make it harder for the attorneys to prove their case unless he had something he didn’t want them to know. Unfortunately, while it is a person’s right to “plead the fifth,” many believe that someone who pleads the 5th may, in fact, be guilty.
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