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Give an example of self incrimination How does the U S Constitution protect against self incrimination What would happen if there was no protection against self incrimination Explain A general example of self incrimination is knowingly admitting to any involvement in a criminal act For example reporting a hit and run accident in which you were clearly present at the scene of and admitting to be or know the accused party that drove the vehicle in question that stuck the victim and caused harm to them Self incrimination is basically defined as supply or giving testimony or other legal preceding that could subject one to criminal prosecution The Free Dictionary 2011 The U S Constitution protects against self incrimination by the establishment and use of the Fifth Amendment The Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against himself The Free Dictionary 2011 This basically means that no matter what the circumstances are surrounding a criminal case the accused party has the right to remain silent or plead the fifth and does not have to tell or testify on their self The Miranda Right also plays a significant part of self incrimination because this right basically states that you have the right to remain silent and anything you say can and will be used against you in the court of law This right also informs you that you have the right to an attorney and if one cannot be afforded then the courts will supply you with one If there wasn t t any protection against self incrimination the prosecutor would be out of a job and there would be chaos and confusion because people would lose their freedom People would form a horrible hatred for the law and law enforcement officials and this would be an injustice to certain innocent people of society that would be forced to admit to crimes that did not do in order to satisfy the courts and law enforcement agencies Innocent lives will be lost in jails and prisons if there was no protection on self incrimination 2011 Farlex inc The Free Dictionary Internet reference Retrieved August 17 2011 from http legal dictionary thefreedictionary com self incriminating Self incrimination starts with the officers For an example if someone hears a loud gun shot in a their neighborhood Then that person calls the police to a house he thinks the gun shot came from The police get to the house and see the door to the residence wide open The police then enter and see someone lying in a pool of blood with a gun on the floor A another person is standing over the body looking down with a clinched fist The police immediately come in and see whats going on and pull their weapons and tell the man to get down on the ground The man is then handcuffed and asked questions about what had happened The man then takes a deep breath and says he had to The police then in disbelief asked the man to repeat himself and to speak louder and he says I had to kill her In a situation like this the police have an obligation to tell the man that he does not have to speak and to read him his rights Then after reading him his rights you could ask him if he wishes to talk to the police By not reading the man his rights is a violation of the constitution Without this law the police could physically force people to tell the truth or lie


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UOPX CJA 364 - How does the U.S. Constitution protect against self incrimination?

Course: Cja 364-
Pages: 2
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