5th Amendment Essay Example | Topics and Well Written Essays - 500 words

5th Amendment - Essay Example The rule could also be taken as to follow the Fifth Amendment’s self incriminating command that â€Å"no person shall be compelled in any criminal case to be a witness against himself, and that no person shall be deprived of life, liberty or property without due process of law. (David W Neubauer. 2006) During arrests, or any police interrogations, the court held in the 1897’s Bram v. United States that involuntary confessions are inadmissible as evidence, though as Davies, Thomas (2003, pg679) commented, â€Å"The distinction between testimonials versus other self incriminating evidence is an issue of continuing debate†. The Miranda rule therefore requires somewhat to be modified. This is on the basis that the Miranda warnings as mandated by the 1966 US Supreme Court decision in the Miranda v. Arizona case is a means of protecting criminal suspect’s right of avoiding coercive self-incrimination. The modification would also be necessary to further strengthen the omission of the Miranda reading as the current rule stands i.e. the Miranda reading may be omitted during arrest e.g. when the evidence is already sufficient for indicting the suspect, or in cases when the suspect is talkative and volunteers information, without being asked. However, the admissibility o f conversations, as evidence is only considered for judgment on a case-by-case basis, and also subject to appeal (pg 810). If the Miranda rule is modified to allow submission of statements obtained in violation of Miranda warnings, it will be more beneficial to the police and the general population because the exclusionary rule prevents the police to effectively solves crimes from violating the civil liberties of the general population. It makes the work of the arresting officers unbearable, since warrants are only issued by judges, on condition that there is â€Å"probable cause† to believe that evidence of