the fifth

while browsing (wasting time?) on facebook the other day, i came across a slate.com article about a supreme court ruling having to do with the the fifth amendment rights of individuals. upon closer inspection, i noticed the article was from 2013, as was the court ruling. i’m not sure why i didn’t see this article previously and am curious as to why it’s trending up on facebook now.

to review, here’s the fifth amendment:

No person shall be held to answer for a capital, or otherwise, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

rather than lay out the whole thing in writing, just watch the video…. what it boils down to is this: if you haven’t been arrested and read your miranda rights, you may not┬áhave the right to remain silent. if you’re asked questions by law enforcement without having been arrested or mirandized, either decline to answer, or get yourself a lawyer.

also, here’s a link to the court decision, in case you feel so inclined to read it.

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