History of the 5th Amendment
The Fifth Amendment Self-incrimination Clause
"...No person... shall be compelled in any criminal case to be a witness against himself or be deprived of life liberty or property without due process of law..."
The right against self-incrimination has ancient roots in common law dating back to biblical times. While most provisions of the Fifth Amendment, such as the right to a jury trial and the right against double jeopardy, impose restrictions upon our courthouses, the right against self-incrimination has a profound effect upon the behavior of law-enforcement officers as they investigate crimes. For this reason, the meaning of the self-incrimination clause has remained one of the most controversial issues in criminal procedure since the Supreme Court's ruling in Miranda v. Arizona.
Clip from the DVD, 10 Rules for Dealing with Police
At this time, the Supreme Court requires that police inform all criminal suspects of their right to remain silent prior to interrogation. This right extends from the point of arrest throughout the suspect's involvement in the criminal justice system. While many in the law-enforcement community feel that this restriction unfairly limits the ability of police and prosecutors to obtain convictions, studies have shown that conviction rates have not changed significantly since the Court first required police to inform arrestees of their right against self-incrimination.
The Sixth Amendment Right to Counsel Clause
"In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense."
The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one.
Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients compared to privately-hired lawyers.
The Relationship Between Self-incrimination and the Right to Counsel
Many Americans, particularly young people, have become cynical about police practices and our legal system. It's not uncommon to lose hope when arrested or even become angry at the officer or the law he is enforcing. But don't despair; it's essential to remember that our legal system does provide services for the accused.
If you're arrested, it cannot be overstated how important it is to wait for legal advice before attempting to discuss a criminal charge with police.
Never rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.
