Monday, December 3, 2018

Amendment V

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or navel forces, or in the Militia, when in actual service in time of War or in 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 the law; nor shall private property be taken for public use, without just compensation."

This is a very important amendment. It protects against being charged for the same crime, known as double jeopardy, despite any new evidence that could show up. It helps to protect from self-incrimination in court as well; basically giving the right for someone to say "I evoke my fifth amendment right" in order to not have to answer questions.

https://youtu.be/3D3oeurgP0s

The link above directs to a video of Martin Shkreli at a congressional hearing being asked questions about his pharmaceutical business. The short video shows Shkreli being asked three questions by the chairman of the hearing and responding each time by evoking his fifth amendment right under the advise of council. Much to the chagrin of the people running the hearing, Shkreli was totally within his right to invoke the amendment.



Recently a lot of powerful politicians and business people have been scrutinized through various hearings and audits. Some of them, like Shkreli above, utilize the fifth amendment to get out of incriminating theirselves. In the cartoon, the man is trying to get the auditing department to allow him to plead the fifth to avoid penalty like those affluent leaders do. 

No comments:

Post a Comment