CJUS 231- Criminal Procedure Law Essay
Students will create a source-based essay of at least 1500 words (5 pagès, double spaced) that will be
submitted by the student on BläckBoard (see rubric below). The essay must be sourced from at least 3
locations that include the Criminal Procedure Law, a scholarly journal, and a news article. The citation
style is APA. Topic choices are up to the student, except must be related to criminal procedure.
Potential topic areas may be located in the 4th 5th 6th, and 8th Amendments as they relate to criminal
procedure in America (or Canada). Examples of topics could include search and seizure, interrogation,
and due process issues.
Project:
Due
Friday
May
14
A¥
:
:
CJUS
231-
Criminal
Procedure
Law
Essay
Students
will
create
a
source-based
essay
of
at
least
1500
words
(5
pagés, double
spaced)
thatwill
be
submitted
by
the
student
on
BlackBoard
(see
rubric
The
essay
must
be
sourced
from
at
least
3
locations
that
include
the
Crimi
:
inal
Procedure
Law,
a
scholarly
journal,
and
a
news
article.
The
citation
style
is A
choices
are
up
to
the
student,
except
must
be
related
to
criminal
procedure.
Potential
topic
areas
may
be
located
in
the
4!
5th
eth
and
8°"
Amendments
telate
to
criminal
procedure
in
America
(or
Canada).
Examples
of
topics
could
include
search
and
seizure,
interrogation,
and due
process
issues.
:
Rubric
:
ly
VALUE
|
CATEGORY
|
4
2
2
1
Points
20%
Introduction
/
|
Exceptional
Minor
Major
Unacceptable
conclusion
deficiency
deficiency
20%
Body
20%
Specification
10%
~~
Research
10%
Citation
20%
Thesis
Total
(20)
Veek
14:
Securing
/
Su
dence
(LAST
WEEK
OF
CLASS)
A¥
1
The Fifth Amendment and its value to the American Citizen
Student Name
Course
Institution
Date
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 2
The Fifth Amendment and its value to the American Citizens
Introduction
The Fifth Amendment enshrined in the United States Constitution is essential in ensuring
that no individuals are held answerable for capital unless their cases are handed over to the jury
(Maclin, 2017). In simple terms, the Fifth Amendment is essential in guaranteeing Americans
special rights, which includes not testifying against themselves whenever accused of committing
a specific crime. The Fifth Amendment is part of several amendments on the United States
Constitution, referred to as the bill of rights. The paper explores the importance of the Fifth
Amendment, specifically as highlighted by the individuals' bill of rights during criminal trails
sessions or proceedings. The Fifth Amendment was established to provide critical changes to the
bill of rights to have a more crucial role in ensuring a fair and just trial process (Johnson, 2020).
Apart from the Fifth Amendment, the fourth, sixth, and eighth amendments have also heavily
contributed to the criminal justice system. These amendments ensure that they would be offered
fair treatment whenever they are arrested whenever suspected of crimes.
The Fifth Amendment has proved to be the most helpful amongst all the other
amendments, specifically while considering each citizen's fundamental constitutional rights and
freedom. It has critical shields involving the Miranda rights and specific warnings essential in
promoting equal, just, and fair criminal proceedings against victims (Maclin, 2017). By
examining this amendment, it can be found that it is more valuable due to its self-incrimination
and applicability with various attributes. It allows no individual to be held answerable for capital
unless their cases are handed over to the jury. The primary purpose of this paper is to highlight
the importance of the Fifth Amendment in strengthening criminal justice. The Fifth Amendment
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 3
plays a considerable role in ensuring a fair and equitable criminal justice system for all
individuals.
The Bill of Rights
A long time ago, in 1971, the Bill of Rights was implemented to bring several changes to
the constitution that will forbid the federal government from exerting excessive power and
calling. Its primary purpose was to improve the constitution by incorporating specific protections
specifically for liberating the American Citizens. During its establishments, those outside and
against the federal government saw the need to implement a set of constitutional changes for
upholding the individual liberties owned by every citizen in the country. These changes are
referred to as amendments and consists of 4th, 5th, 6th, 8th and many more. All the amendments
are currently being applied in the country and are holding a massive amount of effort to protect
individual's fundamental rights. The Fifth Amendment is central to the protection of the
individual's rights. According to Maclin (2017), the provisions of the Fifth Amendment states
that no person will be held responsible for capital unless under several conditions. One way is
when the victim is presented in front of the jury. By relying on due process, deterrence of self-
incrimination, and prohibition of retrial processes in the current times, the Fifth Amendment is
essential in achieving the rights highlighted in the bill of rights.
Due process
The due process of criminal justice plays a central role in prioritizing the interests of the
American citizens who are suspects confronted by the powerful state forces. Therefore, such
individuals are entitled to innocence presumption and should not be found guilty of offenses
other than by way of clearly defined and formal processes of making decisions (Maclin, 2017).
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 4
Due process is the individual's legal rights enshrined within the United States law and
Constitution preventing the federal government from becoming a tyranny. In most cases, the due
process consists of having the right to defend against oneself and being served with a notice
accordingly. Even today, due process is dictating that all courts of law must function under a
well-established set of standards that are established to safeguard Americans from individual
liberty (Mencia, 2021).
The Fifth Amendment holds that an individual cannot be punished or prosecuted without
having been given a fair and equal opportunity for due process. Therefore, due process is crucial
in securing the rights of the citizens by making sure that before every prosecution, an actual
criminal procedure has taken place and prevented people from receiving punishments without a
trial. The principles of fairness define the due process involved in the Fifth Amendment. This
principle helps address the legal procedures that might be required to ensure that everyone passes
through a fair trial process. Due process is also essential in balancing power existing between the
American citizens and the federal or the state. The Fifth Amendment states that no one shall be
"deprived of life, liberty or property without the due process of law" (Procedural Due Process,
n.d). This amendment solely focuses on protecting the individual rights of every American
citizen. Over time, courts have adhered to due process and ruled that it limits legislation to
protect certain areas of personal liberty. Therefore, it is evident that the Fifth Amendment is
serving its purposes of protecting American citizens' rights.
Double jeopardy
Another crucial aspect of the Fifth Amendment is prohibiting double jeopardy. The
concept of double jeopardy is created to protect citizens from becoming victims of potentially
dangerous trials and potential convictions in multiple instances. Double jeopardy is included in
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 5
the Fifth Amendment to ensure that the federal government and the law enforcement authorities
do not engage in numerous attempts to convict a person for an alleged crime or offense. It refers
to the particular type of protection that every American citizen has, making sure that they are
free from being prosecuted twice in a criminal court for a similar case once they have been
adjudicated. Therefore, once individuals have been sentenced, they cannot be punished or tried
again in a court of law (Johnson, 2020). During criminal prosecution proceedings, the
government has more power and control than the defendant. Therefore, double jeopardy ensures
that the citizens are protected from the excessive control and power of the federal government
over the citizen.
As noted in Maclin (2017), having the right against double jeopardy is at the center of the
Fifth Amendment. The presence of double prosecution wears down an individual. Besides,
fighting criminal prosecutions is often an expensive process, especially when it is unfair and
unjust. Therefore, by relying on the establishments of the Fifth Amendment on double jeopardy,
the American citizen can ease the financial burden incurred during a criminal trial. The right to
double jeopardy has ensured that the rights of various individuals are protected in a manner that
they are not living in constant fear of being oppressed and harassed by the government over a
criminal trial.
Right against self-incrimination
Another notable provision of the Fifth Amendment is protecting the American citizen
from being his or her witness. According to this right, an individual has the right to remain silent
so that he or she does not become a victim of self-incrimination. Whenever arrested, the
American citizen is preempted on the provisions of this amendment concerning the right to
protect themselves and prevent the police from using force to get any incriminating evidence
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 6
from the individual. When compelled to do so, the individual should always leverage this
provision as a privilege (Maclin, 2017). Besides, as a criminal procedure law, the grand jurors
are not allowed to consider the defendants' right not to testify against themselves as evidence of
being guilty or innocent (Federal Rules of Criminal Procedure, Rule 24).
The Fifth Amendment provides the criminal defendant with the right to testify against
themselves. In doing this, the individual's rights and liberties are often preserved as Americans
since not even a judge can coerce the victim to stand and testify against his or her own will.
However, there are exemptions to this provision when it comes to carrying out DNA and
fingerprinting in crime. Due to the amendment's provision against self-incrimination, the
individual is protected against incriminating themselves during legal proceedings and police
interrogations. In my opinion, this plays a massive role in cushioning and protecting individuals'
rights as Americans, just like in the case of Derek Chauvin's case proceedings where he was
reminded by his lawyer of the right not to testify against himself (Mencia, 2021).
Conclusion
In conclusion, the Fifth Amendment is critical in helping several rights applicable to both
civil and criminal legal proceedings. The Fifth Amendment was established to protect the
criminally accused victims and secure their lives with justice, liberty, and freedom. As
highlighted in the paper, the victim has the right not to testify, undergo the due process, and the
right against double jeopardy during criminal proceedings. All these rights protect the victims
against various unjust behaviors from the federal government towards the citizen in legal
proceedings. Therefore, in my opinion, the Fifth Amendment has played the most considerable
role in ensuring that the American citizen's rights are preserved and protected from violation by
both federal and state governments during legal proceedings. The Fifth Amendment provides
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 7
everyone a fair and equal opportunity while facing a criminal trial. In avoiding giving both the
state and federal government unchecked powers, the Fifth Amendment has created a series of
protections for the American citizens, which protects life, liberty, and property.
THE FIFTH AMENDMENT AND ITS VALUE TO THE AMERICAN CITIZEN 8
References
Federal Rules of Criminal Procedure, Rule 24. (2021). 2011 US Code :: Title 18 - Crimes and
Criminal Procedure :: Appendix TITLE 18 - Appendix (§§ 1201 - 61) :: FEDERAL
RULES OF CRIMINAL PROCEDURE (rules 1 - 61). Justia Law. Retrieved 14 May
2021, from https://law.justia.com/codes/us/2011/title-18/appendix-title-18/1805/.
Johnson, W. (2020). Fifth Amendment Danger in Civil Cases | New York Law Journal. New
York Law Journal. Retrieved 14 May 2021, from
https://www.law.com/newyorklawjournal/2020/11/04/fifth-amendment-danger-in-civil-
cases/.
Maclin, T. (2017). The prophylactic fifth amendment. BUL Rev., 97, 1047. Retrieved 14 May
2021, from https://www.bu.edu/bulawreview/files/2017/08/MACLIN.pdf
Mencia, A. (2021). Retrieved 14 May 2021, from
https://www.kare11.com/article/news/local/george-floyd/derek-chauvin-trial-fifth-
amendment-right-meaning/89-cf46693b-0d84-4225-b74a-e38788fb84e2.
Procedural Due Process. Procedural Due Process. Justia Law. Retrieved 14 May 2021, from
https://law.justia.com/constitution/us/amendment-05/12-procedural-due-process.html.
CRIMINAL JUSTICE
Outline
Providing a detailed introduction on what the paper will talk about and a thesis
statement at the end of the introduction
Discussing the importance of the Fifth Amendment by considering the bill of
rights enshrined into the constitution (Due process, Double Jeopardy and self-
incrimination).
