Respond to 2 classmates
1.Self-incrimination is a person who speaks out to an officer exposing them self, by making a statement on behalf of a crime or even exposing another individual on behalf of the crime. Individuals should not expose themselves as such and should know their rights and should not answer any questions until they get a lawyer. The individual should only speak when an officer is done reading their Miranda Rights saying they understand what is being read to them.
The Miranda decision has made the law more honest and cannot force an individual into confessing anything just to solve a case and move on. It gives the individual the right to be silent about any situation and not be punished for the silence. Individuals have a right to an attorney and have the right to only answer any questions given by their attorney. Without these protections it would give officers more power over an individual being arrested. They would be able to harass and possibly even harm just to gain a confession and with the way people are they will confess to anything just to get out of a situation.
2. Self incrimination is when a person is being charged for something and while they are being charged they choose to speak out. When you are standing in front of a police man and he is reading you your Miranda Rights, you are supposed to stand and listen and do not respond back until the officer ask’s you if you understand your rights.
The fifth amendment regarding self incrimination means you do not need to talk to the police at all. You also need to remember your right to an attorney. Self incrimination is protected by the constitution because it is in our laws. The amendments protect us and self incrimination is in the 5th amendment, this is how the constitution protects self incrimination.
If there was no fifth amendment to protect self incrimination, whenever law enforcement had a desire to subpoena your personal records, you would have no right to claim self incrimination, and if you refuse to testify on the grounds of self incrimination it can be punishable as a crime.
The Miranda decision has influenced the criminal justice system for the good because without the fifth amendment a person has no rights, and a police men can create a story that is not true and can be very dishonest, with the fifth amendment our criminal justice system is a safer more honest justice system.
