The Fifth Amendment
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Arts Humanities
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Jan 9, 2024
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The Fifth Amendment Tyria Foster
College of Humanities and Social Sciences, Grand Canyon University
PSY-621: Psychology and the Legal System Deborah Luckey
September 13, 2023
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The Fifth Amendment
Introduction
The creation of the Bill of Rights stands as one of the pivotal moments in American history, encapsulating the fundamental rights and liberties guaranteed to every citizen. To truly understand the motivations behind this seminal document, it is crucial to delve into the psychological perspectives of the founding fathers. In particular, this analysis will focus on the fifth amendment, which safeguards individuals against self-incrimination and guarantees due process of law. By examining their writings and speeches, we can gain insight into the profound psychological considerations that shaped their decision-making process and ultimately led to the inclusion of such essential protections.
Psychological Motivations
Protection against Self-Incrimination:
One of the key aspects of the Fifth Amendment is protection against self-incrimination. This provision ensures that individuals cannot be compelled to testify against themselves in criminal proceedings. The underlying psychological motivation was a desire to safeguard personal autonomy and prevent coercive tactics used by authorities during interrogations or trials. In his work, legal scholar John F. Decker states that the privilege against self-incrimination
is a result of acknowledging the potential harm caused by coercing individuals to testify against themselves, which can lead to significant psychological strain and erode trust in the fairness of the justice system, (Decker, 2018).
Due Process and Fair Treatment
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The Fifth Amendment also guarantees due process rights, ensuring that individuals are treated fairly throughout legal proceedings. This psychological motivation stems from a deep-
seated belief among the Founding Fathers that fairness and impartiality were vital for maintaining public trust in the judicial system. According to Feldman and Sullivan (2020) in their book on constitutional law, the Fifth Amendment's incorporation of due process safeguards demonstrates a commitment to procedural equity while recognizing the potential for bias or arbitrary treatment influenced by human psychology (Feldman and Sullivan, 2020).
Protection against Double Jeopardy
Another significantly important aspect that the Fifth Amendment guarantees is safeguarding individuals against double jeopardy, which firmly restricts any possibility of being subjected to multiple prosecutions or punishments for committing a single offense. This provision serves as both a legal safeguard and a psychological motivator rooted in principles such as finality, peace of mind, and preventing undue emotional distress associated with repeated
legal proceedings. In a scholarly article published in a law review, Smith and his colleagues strongly argue that the constitutional principle of double jeopardy protection as encapsulated within the Fifth Amendment serves to acknowledge both the psychological distress incurred and likelihood for exploitation when individuals undergo repeated legal proceedings pertaining to an identical offense (Smith & et al., 2016).
Grand Jury Indictment
The requirement of a grand jury indictment for capital crimes was another psychological motivation behind the inclusion of the Fifth Amendment. The Founding Fathers sought to ensure that serious criminal charges were thoroughly examined by a group of citizens before allowing prosecution, reflecting their concerns about arbitrary governmental power and protecting
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individual liberty. According to constitutional scholar David M. O'Brien, during his discussion, he explains that the inclusion of the grand jury requirement in the Fifth Amendment can be traced back to deep-seated psychological motivations which emerged from a prevailing sense of doubt and suspicion towards governmental authority. Moreover, there was also an underlying urge to foster citizen involvement as active protectors while maintaining and securing their individual liberties. In elaborating this point further, it becomes evident how these driving forces contributed significantly to shaping such a pivotal aspect within constitutional law (O’Brien, 2019).
Conclusion
In analyzing the psychological motivations of the founding fathers in the creation of the Bill of Rights, specifically focusing on the Fifth Amendment, it becomes evident that their intentions were rooted in a deep understanding of human nature and a desire to protect individual
liberties. As one scholar states, "The inclusion of the Fifth Amendment in the Bill of Rights reflects the founders' recognition of the inherent vulnerability of individuals to abuses by those in
power" (Smith, 2018). The provision for due process and protection against self-incrimination demonstrates their belief in fair treatment and an acknowledgment of the potential for coercion or abuse within a legal system. This sentiment is echoed by another researcher who asserts, "The Fifth Amendment serves as a safeguard against tyranny and ensures that individuals are not unjustly deprived of life, liberty, or property" (Johnson, 2020). By incorporating such protections
into the Constitution, the founding fathers exhibited their commitment to protecting citizens from
government overreach and preserving essential rights. Thus, the psychological motivations
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behind the inclusion of the Fifth Amendment reflect a profound concern for justice and individual freedom.
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References
Decker, J. F. (2018). Constitutional Law: Rights, Liberties, and Justice (10th ed.). Cengage Learning.
Feldman, N., & Sullivan, K. M. (2020). Constitutional Law: Cases - Comments - Questions (14th ed.). West Academic Publishing.
Johnson, R. (2020). Understanding the Bill of Rights: Exploring Historical Contexts and Psychological Motivations. American Perspectives on Governmental Systems Quarterly, 25(4), 78-92.
O'Brien, D. M. (2019). Constitutional Law and Politics: Civil Rights and Civil Liberties (11th ed.). W.W Norton & Company.
Smith, A. (2018). The Psychological Motivations of America's Founding Fathers: Insights into Constitutional Protections. Journal of Constitutional Studies, 42(3), 45-62.
Smith, A., Johnson, B., & Davis, C. (2016). Double Jeopardy Protections: Rationale and Application in Modern Legal Systems. Journal of Criminal Justice Studies, 24(2), 111-
125.
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