Thursday, September 16, 2010

Entry 8 : 5th amendment

http://www.joeizen.com/evans.htm
http://www.ca8.uscourts.gov/opndir/05/12/051013P.pdf

The fifth amendment in the case of the case of Evans vs. the United States, was  a conflict dealing with how the defendant Mr. R Evans, against the Internal Revenue Service. Evans was trying to avoid the IRS, and saying that their allegations of his yearly earnings was fraudulent. They also have records that Evans did not have an accurate records of his taxes. Instead of reacting very dramatically Mr. Evans simply told the IRS, that he wanted to plead the 5th Amendment, and wouldn't answer any questions without legal representation. This case was taken to the Supreme Court and was ruled in his favor.
    The fifth amendment states that "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 offense 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."  The fifth amendment applies to this legal situation because of the fact that the Bill of Rights gave Mr. Evans the right to not incriminate his self. He pleaded the fifth because he knew that his actions would get him incriminated. The Bill of Rights, gave him the ability not to hang himself. Mr.Evans, asked for legal representation because he knew if his actions would be dismissed or that the case would be adjourned. The fifth amendment is what saved him from these charges.
    In my opinion the fifth amendment is here almost as a guilty plea, and by not talking, a person can save or destroy their case. The fifth amendment is there to help with protecting a person's personal actions, and dismissing the fact of what they did by examining the whole process. By doing this, the defendant has more so of a chance to win a case, and actually make some type of history. I believe it would be essential because it can make or break any case. The fifth has a lot of benefits in ruling within a court.

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