Protecting Rights: Examining the Pivotal Role of the Fifth Amendment in Judicial Procedures - Free Paper

Introduction

The law plays a pivotal role in judicial procedures especially if the offender, whether a juvenile or adult did not have their residence, for instance in a lawsuit of United States v. Richard King Jr, King’s plea against the search agents’ to seizure to his hard-disk was not lawful according to the sixth amendment because the investigating officers only had the warrant to seize his girlfriend’s (Larkin) computer and not his. However, the jury justified their decision in this case by arguing that on April 13, 2006, the officers at King's home had an arrest warrant and had probable cause to believe that Larkin was in the house (UNITED STATES OF AMERICA v. RICHARD D. KING, JR., 2010).

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On the Amendment, however, there are instances that an officer can be allowed to search for private property if there is a legal warrant of search, for example, Davis v. the United States, 328 U.S. 582 (1946) case. If the search is connected to a lawful arrest, and if the item being searched is in plain view, for example, in the case of Maryland v. Macon, 472 U.S. 463 (1985) (United States Court, n.d). Such laws have had a significant influence on how claims are handled from both juvenile and adult offenders, especially when there is no critical evidence or when the complaint is sure of the offense but there is no supporting evidence. Besides, the law also plays an essential role in protecting friends and families of offenders from illegal searches or trespassing.

Fifth Amendment

This amendment states that a grand jury must start "serious criminal charges. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law” (Center for Legislative Archives, 1791). It is under this amendment that the constitution limits the extent of police procedures. Under this amendment, there are several rights addressed. 1) right to a trial without delay, 2) prohibition from being judged twice on the same felony, 3) a right against forced self-incrimination, 4) fair trial, and 5) a guarantee that the government cannot seize private property without a due compensation (Kim, 2017).

The United States v. Richard King Jr attracted a lot of reaction from both the rights advocacy teams and the public for allegedly learning that King Jr, the complaint claimed Agent Kyle violated his Fifth Amendment rights on March 6, 2004 (UNITED STATES OF AMERICA v. RICHARD D. KING, JR., 2010). According to King, Agent Kyle was interviewed without a Miranda at the Williamsport FBI office. The Fifth Amendment states that Miranda warnings only apply to those in custody (UNITED STATES OF AMERICA v. RICHARD D. KING, JR., 2010).

Many offenders have gone through the same as what King went through. Luckily, the Fifth Amendment plays an essential role in ensuring that not only are the trials held immediately but also prohibits the offender from being judged twice on the same felony and a fair trial (Center for Legislative Archives, 1791). It is under this amendment that the constitution limits the extent of police procedures. The law guarantees that the government cannot seize private property without due compensation (Kim, 2017). This has been particularly applicable in property-related cases, especially those involving multiple break-ins. The law has also played an essential role in improving the overall functionality of the justice system as a whole speeding up cases, and ensuring that both offenders receive fair trial.