5th Amendment -- Self Incrimination HD

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  • Опубликовано: 28 июн 2016
  • Discussion on the "5th Amendment - Self Incrimination" with:
    * Jack Beerman - Harry Elwood Warren Scholar and Professor of Law, Boston University School of Law
    * Stewart Harris - Professor of Law, Appalachian School of Law
    * Michael N. Herring - Commonwealth Attorney, City of Richmond
    * David Rossman - Director of Clinical Programs in Criminal Law and Professor of Law, Boston University School of Law
    * Ronald S. Sullivan, Jr. - Director of the Criminal Justice Institute, Harvard Law School
    Produced as part of the "Constitutional Foundations for Law Enforcement" online course by the Robert H. Smith Center for the Constitution at James Madison's Montpelier. For more information, please go to montpelier.org/courses

Комментарии • 41

  • @triclopsgamer5934
    @triclopsgamer5934 3 года назад +14

    The more I learn about American civil rights the more gratitude and appreciation I have for my life as an American citizen.

  • @rubyg8749
    @rubyg8749 6 лет назад +16

    Thanks for making this part of the 5th Amendment easier to easy to understand.

  • @dearldlauderman8757
    @dearldlauderman8757 2 года назад +10

    If you are guilty or not,when questioned plead the 5th. And ask for your attorney. Your attorney knows better how to handle their questions,so you don't incriminate yourself !

    • @Phrofetic_MayaN
      @Phrofetic_MayaN 2 года назад

      Thank you I'm so sick and tired of ppl gossiping crap about me that is not true 🥺

    • @Milesco
      @Milesco Год назад

      That's good advice.
      Many people are afraid that if they invoke their 5th Amendment right to answer questions, they will look guilty in the eyes of the police. My response: So what? Who cares what the police think? The cops think everybody's guilty anyway. The only thing that matters is what the *_jury_* thinks. And you can keep the jury from hearing anything incriminating that you might say by *_not saying it._* Just be sure to verbally invoke your 5th Amendment right against self-incrimination before clamming up, so the prosecutor can't use your silence against you in court. _Salinas v. Texas,_ 570 U.S. 178 (2013)

  • @dirksimmang
    @dirksimmang 4 года назад +10

    Police ask incriminating questions..
    Because they are trained to do it...
    That should be considered hostile..

  • @realistmw
    @realistmw 4 года назад +8

    Basically never snitch, I have nothing else to say talk to my attorney

  • @indigobunting2431
    @indigobunting2431 2 года назад +6

    "Custodial [police] interrogation is inherently coercive."

  • @denisruckterstuhl3676
    @denisruckterstuhl3676 3 года назад +7

    with cops, ask them to read miranda warning. After that, say: i want a lawyer, and i want to remain silent. With law enforcement, best way is to speak french, so cops cannot understand, mostly, and no dialog, just a cops monologue

  • @mba2ceo
    @mba2ceo 4 года назад +6

    5th Amendment should be expanded to FULL RIGHT to NOT answer any questions

    • @josephpanagos8167
      @josephpanagos8167 4 года назад +2

      isn't it? Like you can sit up on stage and say I plead the 5th on everything. If the accuser has no damning evidence you cant be charged.

    • @Milesco
      @Milesco 4 года назад +6

      ​@@josephpanagos8167 : The Supreme Court has ruled that the 5th Amendment protection against self-incrimination does not extend to a police officer's demand that you identify yourself, if the cop has reason to believe* that you have committed, or are about to, commit a crime. _Hiibel v. Sixth Judicial District Court of Nevada,_ 542 US 177 (2004)
      _______________________________________
      * Technically, reasonable suspicion based on articulable facts. _(Terry v. Ohio,_ 392 U.S. 1 (1968))

    • @quentinhirschfeld9382
      @quentinhirschfeld9382 Год назад

      @@Milesco
      A cop can't force you into saying something these days!
      Even if you're, by law, required to identify yourself in some situations, you can still remain silent, you'll go to jail, eventually, but a police officer can't do nothing about you staying silent!

    • @Milesco
      @Milesco Год назад

      @@quentinhirschfeld9382 Well, you just admitted that he (or she) *_can._* They can arrest you. And charge you with refusing to identify yourself, just as Mr Hiibel was.

    • @quentinhirschfeld9382
      @quentinhirschfeld9382 Год назад

      @@Milesco
      Yes, they can arrest you, but they can't force you to speak!

  • @quentinhirschfeld9382
    @quentinhirschfeld9382 Год назад +2

    The 5th amendment exists also to protect innocent peoples, glad that they mentioned this in the video!

    • @Milesco
      @Milesco Год назад +1

      Exactly right.

  • @chriszablocki2460
    @chriszablocki2460 Год назад

    Press charges...

  • @rachelslur8729
    @rachelslur8729 5 лет назад +4

    All police agencies around the world like to ask friendly questions when they -interigate- """talk""" to suspects.

    • @docducttape9270
      @docducttape9270 5 лет назад +5

      That's why any person with any common sense know that anytime police are talking to anyone they are gathering evidence that can and will be used against you in the court of law

  • @cassaundral5261
    @cassaundral5261 2 года назад +1

    interesting facts! thanks for sharing!

  • @tiffanymarie6740
    @tiffanymarie6740 4 года назад +1

    Why did the founders include this in the Bill of Rights?

    • @Milesco
      @Milesco 4 года назад +5

      Because they knew how important -- how fundamental to a free society and a system of ordered liberty -- the right against forced self-incrimination is.

  • @KINGSU2U
    @KINGSU2U Год назад

    Don't judge me rappers. LEARN from ME. Please stop calling me a stick up kid, criminal, or whatever negative connotation you've created. I'm an entertainer telling my story in an entertaining format. I'm INNOCENT from all crimes. Right!? Rappers?! Or are we killers? You can be, as for me. I wouldn't hurt a fly.

  • @Hi.malone
    @Hi.malone 3 года назад

    👀

  • @docducttape9270
    @docducttape9270 5 лет назад +3

    It means keep your mouth shut

  • @kristopherhasenbuhler5393
    @kristopherhasenbuhler5393 2 года назад

    4:55
    Dirty cops.

  • @bill4544
    @bill4544 4 года назад

    Junior in Highschool as of the 5th of September 2019 I’ll be back

    • @ieshabunny
      @ieshabunny 2 года назад +1

      you never came back lol

  • @pdiddy9172
    @pdiddy9172 3 года назад

    I wish all you commentsers have your own pages,your own page on y our damn phone.

  • @manuelodabashian
    @manuelodabashian 4 года назад +4

    I don't agree that it is being used in a proper way. By the sound of things it is out of date. We need to investigate crimes how else can we investigate crimes? There is a great deal of organised crime. You cannot compare freedom of individual with organised crime

    • @Milesco
      @Milesco 4 года назад +9

      Your comment doesn't make any sense. Nothing in the 5th Amendment prevents the police from investigating crimes and questioning anyone they want, including suspects. All the 5th Amendment does is to affirm that no one can be forced to be a witness against himself. And the Miranda rule simply requires the police to remind in-custody interrogees of that right.