Title: Fifth Amendment All About Protecting Individual Rights - New Jersey State Bar Foundation
Headings: Fifth Amendment All About Protecting Individual Rights
Fifth Amendment All About Protecting Individual Rights
Grand Jury
Double Jeopardy
Taking the Fifth
Due Process and the Takings Clause
Discussion Questions

Content: Miranda confessed to the crime under police questioning; however, his attorney argued that Miranda wasn’t informed that he did not have to speak to police, or that he could request an attorney. The Court held in Miranda that “the prosecution may not use statements…stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” In other words, the police are required to advise suspects in custody of their rights under the U.S. Constitution. As a result of the Court’s ruling, Miranda’s conviction was thrown out and his confession could not be used against him at his re-trial. Things didn’t go so well for Miranda there. Relying on other evidence against him, the prosecution secured a conviction and he was sentenced to 20-30 years in prison. The Miranda case is why we call it a Miranda Warning. It is also sometimes used as a verb, as in to Mirandize someone who is under arrest. Was the Miranda ruling needed or did it just clarify a right already granted by the Fifth Amendment?