You Have The Right To Remain Silent: Fifth Amendment Explained
by Bill Rounds
December 9, 2010
Copyright © 2010 How to Vanish
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” ~ Fifth Amendment to the US Constitution
The right to remain silent is a fundamental principle of liberty. It gives American citizens better privacy. The burden falls on the accuser to build a case against a person. If the accuser does not meet that burden, the accused is free to go. The accused never, ever, is required to furnish any evidence or testimony against himself.1 In other words, liberty requires that you have the right to remain silent.
If the accused were forced to produce evidence that they did not commit an act, innocent people would be forced to prove a negative.2 Proving a negative is usually far more difficult, if not impossible to do. Anyone without an alibi would be convicted. No one could afford to spend even one minute alone in that kind of world.3 The right to remain silent preserves a functioning system of justice and a functioning society. FULL STORY Bill Rounds, J.D. is a California attorney. He holds a degree in Accounting from the University of Utah and a law degree from California Western School of Law. He practices civil litigation, domestic and foreign business entity formation and transactions, criminal defense and privacy law. He is a strong advocate of personal and financial freedom and civil liberties. This is merely one article of 73 by Bill Rounds J.D.
1- Which is why you should NEVER pour your heart out to a CPS agent or psych
2- Which is what an allegation and prosecution by CPS is. The accusation is the PROOF NOT innocent until proven guilty
3- Which is exactly where falsely accused parents find themselves.
Mission Critical Need-to-know info- On June 1, 2010 the Supreme Court gutted Miranda. You have to SAY "I want to remain silent, and I want a lawyer"
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