Business Poli-Sci: Right to Not Speak

Friday, April 1, 2011

Right to Not Speak

The Preamble to the Constitution states, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Often focusing on rights to free speech, people forgot the right to not say anything. While the First Amendment states government shall not make laws abridging or prohibiting freedom of speech or press; the Fifth Amendment protects people's rights to not incriminate ourselves.

Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Fifth Amendment: 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.

The Fourth Amendment protects individual privacy by securing a person's rights to personal property against search and seizure without probably cause. This gives people protection against unnecessary scrutiny. A law enforcement officer must act as a detective in order to find facts through witnesses or evidence to obtain warrants.

The Fifth Amendment makes it possible for people to omit incriminating information. Despite romantic opinion of honesty and integrity being reserved for older generations, most people take oaths seriously. The amendment allows people to be honest, because the do not have to add testimony which will incriminate themselves. Imagine someone witnessing a murder while robbing a store. Lawyers might want to know why they were wondering around late at night. The Fifth Amendment allows the person to evade answering questions insinuating they are robbers. Law Enforcement will have to investigate the robbery separately.

It is a misnomer that "Pleading the Fifth" is an admission of guilt. Frequently people only want to testify on pertinent information related to the case. All other information is inconsequential and should be prohibited in court before a witness testifies.

Government, news reporters and celebrity journalists frequently speak about the First Amendment and want to make it legal to infringe on people's rights to privacy or not testify against themselves. The issue of demanding military intelligence to disclose information on the war was declined under the premise of treason. Broadcasting military strategies; including, directives and location places soldiers in danger. When information may cause harm, everyone should have the right to not speak.

Concerned with our position and defense against another individual, we lose sight that they are also in a position of defense against us. The real issue is identifying if criminal activity occurred and if reparations are owed in greater value than reparations associated to a counter claim. We are entitled to domestic tranquility, common defense and posterity.

It is not an issue of knowing about everything and everyone as much the issue of what everyone might do with information. Civil conduct implies people have competitors, wherein, reputation, privacy, personal safety and acquaintance reputation is in jeopardy. Through association, an individual must testify against themselves in order to be a witness; therefore, we have the right to speak and not speak.

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