The history of Double Jeopardy is a long and sordid one . Its introduction in American Law by James Madison was explained as “no person shall be subject …to more than one punishment or trial for the same offence”, but was altered to the phrasing in the constitution before going into effect ,it was a principle deemed important enough to include in the constitution because the people who were drafting it were accustomed to seeing Law men settling sights on a man and pursuing him until they got a conviction .
They had nothing to lose in such a relentless pursuit and given enough time and practice ,all defenses must falter when opposed by an unstopping force . The goal of the clause in the fifth Amendment was to put this state’s forces under control. -but still it allowed the state, if it could make a convincing case-to still get its man . with this in place of cause the state now had to hobble to find a compelling evidence before prosecution began ,with only one shot it had better be a good one .
Because of this it was seen that many guilty men had escaped punishment criminal thrive on the indulgence of society’s understanding, but on the other hand it is better to let ten guilty person go free, than convict an innocent one . Mistakes are made, its unavoidable, but when the innocent are convicted and punished doesn’t that make the state a criminal. The Right to remain silent guaranteed by the famed Fifth Amendment case is perhaps one of the most easily recognized and oft quoted constitutional rights in American culture.
As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz in his article” Is there a Right to remain silent? ”argues that the Supreme Court decisions have opened the door to coercive interrogations even when they amount to torture then-if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced .
In effect the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment to the present day ,where national security is the nation’s first priority ,Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post 9/11world. As the world we live in changes from “deterrent state” to the heightened vigilance of today’s “preventive state “,our constitution ,he argues, must also change.
We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by the government officials in order to prevent harmful conduct-including terrorism. Thus he launched a powerful attack on the Supreme Courts position that Americans donor really have a Right to remain silent-merely a right to exclude their compelled statements ands any evidence derive them from at their subsequent criminal trials. Therefore I think the Fifth Amendment impedes the American Law.
References • The United States Constitution www. usconstitution. net/const. html • Howard Hobbs. Fifth Amendment Review. May 2001 www. americanlawreview. com/fifth_amend_review. html • Jason Bellows. The Fifth Amendment Outdated? November 2005. http://www. damninteresting. com/? p=183 • US Constitution: Fifth Amendment http://caselaw. lp. findlaw. com/data/constitution/amendment05/ • Tom Head. The Fifth Amendment http://civilliberty. about. com/od/lawenforcementterrorism/p/5th_amendment. htm