The 5th Amendment – Constitution Bootcamp: Bill of Rights Series
Articles Blog

The 5th Amendment – Constitution Bootcamp: Bill of Rights Series

August 24, 2019

Before coming today, I was at the VA hospital
and a few other places around town, so I posed a test question to different people around
that talked to me, and I asked them what did they know about the Fifth Amendment. Eight out of ten of them gave the Hollywood
answer about you have the right to remain silent anything you say can and will be used
against you in a court of law, or at least fairly close to that. Two of them didn’t even have a clue. And so I’m gonna ask you a rhetorical question
I don’t want ya’ll to answer it now, is the Hollywood answer all you know about the Fifth
Amendment? If it is, then that is part of the reason
why it’s one of the most violated amendments we have, and of all of our first ten amendments.It
basically states, “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 to 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, property, without due process of law; nor
shall private property be taken for public use, without just compensation.” And the way I look at it, it breaks down into
about five different rights. The first part of it is no person shall be
held to answer for capital otherwise infamous crime unless on a presentment of an indictment
of a grand jury except in cases arising from the land or naval forces in the militia when in
actual service in time the war. From what I’ve been able to research at least
80 to 90% of Louisiana felony cases which are capital cases, do not even go to a grand
jury. They don’t even open it. So that’s a violation of their right, although
a lot of ways it’s a legal violation because the person’s attorney waived that right and
the reason they do it is it’s the way it’s set up the running joke among lawyers is you
could convict a, or you will indict, a ham sandwich with a grand jury. It’s usually done where it’s only presented
one way and that’s the prosecutor presenting what he thinks his case is. He can lie, he can exaggerate, he can say
he has evidence that he does not have, and will not be able to show in court when he
gets to trial, but it’s not the same jury that’ll be in the trial case as in the grand
jury case, and so often that’s just a rubber-stamp process so to me that is a violation of it. Benjamin Franklin once said. “It is better that a hundred guilty persons
should escape justice, than one innocent person suffer.” This maxim has been long and generally approved
basically that’s the core of America’s innocent until proven guilty beyond a shadow of a doubt,
but unfortunately our system today does not actually work that way, especially in Louisiana
and one other state that does the Napoleonic laws instead of like everybody else. The second part goes on to say, “nor shall
any person be subject for the same offense would be twice put in jeopardy of life and
limb.” That one also gets violated quite often,
that there’s a federal law and a state law and they can’t get you on one so you get aquitted
on one then the other one’s going to get you. If you’re acquitted in the state court then
the federal may try their hand in federal court. To me that’s double jeopardy. Another part of double jeopardy is a lot of
times people would take plea bargains because they have no evidence to prove their innocence
because when a crime is not committed there’s no evidence. The third part goes, “nor shall be compelled
in any criminal case to be a witness against himself. That one is violated almost every day in every
city in the United States of America. When a police officer stops somebody and has
them blow into a breathalyzer, or take raw blood, to see if they have too much alcohol
or any other substances in their body, that is your body testifying against you, that
will be used in a court of law. I do agree that we need to have ways to stop
drunk drivers and intoxicated… people that are on drugs and all that, but we don’t need
a break our Constitution to do it. Our founding fathers gave us an amendment
process which is how we got the Bill of Rights to begin with. They can come up with an amendment to correct
certain deficiencies so they can do it constitutionally instead of unconstitutionally. A government that won’t live by its own agreement
is not worth having, and we were told to be on guard about that by all of our founding
fathers. Our basic rights were added and (I’m sorry
I covered that already)… anything you say can and will be used against you in a court
of law, I can tell you from firsthand experience that is very true. You can bet your freedom on it. I don’t care how innocent the comment is,
how innocent you are… they are going to twist whatever you say around. They’ll take some of the best things you ever
did and make it look like you were nefarious at doing it for nefarious reasons. So the best thing to do is keep that right
to remain silent… do not speak to anyone, except your attorney and in some places like
in Jefferson Parish, firsthand experience I know, you can claim your Fifth Amendment
right, all they’ll do is have you sit in a room for a little bit, they’ll send in a different
detective, or the same one may come in, and start chitchatting with you and then they’ll
start asking questions again like if he didn’t even exercise your Fifth Amendment right. And again like I said even though you’re innocent
and don’t say anything to prove you’re not innocent, they will twist it around. So no matter how innocent or guilty you are
exert your Fifth Amendment right and stick to it. Speak to no one but your attorney. When it doubt about it, whether you gotta
answer a question, tell them you want to speak to an attorney. The fourth part of it is, “nor be deprived
of life, liberty, or property, without due process.” That one has been abused in several different
ways. Land has been taken (you know or actually)
your Liberty has been taken whenever they stop you without any probable cause. That is violating your right to travel, is
violating your right to freely exercise your Liberty to move about from state to state,
or within the state, and forget about that Hollywood phone call if you get arrested…
especially in Jefferson Parish. How many of y’all have home phones that is
not a cell phone? Ya’ll are the lucky ones, especially you’ve
got young teenagers. They get arrested and they get put in Jefferson
Parish the system that they have set up goes through a company that you have to make a
collect call, you cannot call a cell phone on a collect call unless it’s already been
set up in the system already, so you can sit there for 40 days without even being able
to notify your family that you’re in jail for something you didn’t do. So keep that in mind when you cast your vote
for sheriffs or for judges or for district attorneys. “nor shall private property be, no… property
be taken for public use without compensation” is the fifth one. They’ve taken land from people who didn’t
want to sell their homes to Walmart. So the government came in and took their land
and then sold it to Walmart. They claimed the public use with the taxes
that they’re gonna get from Walmart from the sales tax. I don’t think that is what our founding fathers
had in mind. Or about when Hurricane Katrina when they
came into the houses, and anybody had left a firearm in the house they removed the firearm. They took it… they claimed it was to secure
the firearm but they made no attempts to return it. They didn’t even make any attempts to properly
store it, so the few lucky individuals that did get their firearms back, they were rusty,
corroded, and many of them were broken had broken stocks and stuff like that. Just recently one of my favorite presidents,
President Trump, just signed into the law where they could or authorized where they can
go ahead and say bump stocks are illegal. That it’s not protected by the Second Amendment. So basically somebody that owns a bump stock
that bought it legally, asking you to turn it in or destroy it or they’re illegal. But they’re getting no compensation for it,
so it violates that right. Our sheriffs, our judges, and our district
attorneys take a sworn oath to uphold the Constitution, but these violations happen
every day, in every city of America. So keep that in mind when you do go to vote
in the polls. don’t worry about whether it’s an R or D behind
their name. Don’t worry about it just recognize the name,
or yeah he seems to be a good person. Find out is he gonna uphold the Constitution,
because if he’s already been in office check his records see if he really has. Especially with District Attorneys, because
they have a tendency to run on their crime rate, on how many convictions they got, but
what the District Attorney will fail to tell you is how many of those convictions have
been overturned on appeal because of violations of people’s civil rights, or how many of those
convictions that they had were by plea bargains where people that could have not afford a
decent attorney and so decided to take either probation or some very minimum jail time instead
of face the 30 or 40 years in jail for a crime they didn’t commit. Just recently (I say recently), probably about
a year ago a gentleman was let loose and they’re gonna make a movie out of it here… he spent
34 years in jail for alleged rape that he committed. Thankfully with the new technology today they
were able to prove he was not the person that did it. But that’s 34 years in jail because he was
not able to prove his innocence beyond a reasonable doubt, and that’s mainly because of the way
our so-called justice system is set up. So your vote should be about character and
integrity to uphold their oath of office, which includes upholding the Constitution
and our rights. That not one innocent person is convicted
of and in prison for a crime he didn’t commit. If they can’t do that they don’t deserve to
be in office, and we don’t deserve America. Thank you.

Leave a Reply

Your email address will not be published. Required fields are marked *