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5th Amendment Pros And Cons

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“I plead the 5th” is a statement that most people only hear on television crime dramas, but it remains many Americans’ only knowledge of the 5th Amendment to the Constitution. It receives far less attention then the fierce political debates that rage around the 1st or 2nd Amendments. The common impression of the amendment is that it only exists to protect criminals from prosecution.1 Yet the protections it provides apply to all citizens of the United States and remain just as important now as when the founding fathers wrote the amendment 226 years ago.2 It is also one of the most directly relevant to Army officers in their roles as commanders or appointed investigating officers. The 5th Amendment’s historical foundation and the fundamental rights it guarantees continue to be critical to the freedoms Americans enjoy in the modern world. The full text of the 5th amendment reads “No person shall be held to answer for a …show more content…
The broad nature of the clause provides the courts the flexibility to counter government abuse even in areas never imagined by the founders. This has been used to end desegregation in federally controlled schools, protect the rights of juvenile defendants, and ensure that benefits such as welfare or public schooling cannot be suspended without cause.15 The “due process” clause protects the rights of Americans by ensuring that the government only acts according to set procedures in all situations, without malicious or arbitrary

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