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Lack of education? Yesterday there was a blog post lamenting computer illiteracy in which the author asked how many people could tell the difference between the

Lack of education? Yesterday there was a blog post lamenting computer illiteracy in which the author asked how many people could tell the difference between the Internet, world wide web, a browser and a search engine without referencing Wikipedia? Well, in America we have widespread political and legal illiteracy as well. I'm not talking about citizens not reading the Constitution, I'm talking about most people being unable to paraphrase the Fifth Amendment when asked. Aside from "plead the fifth" most people in America probably couldn't tell you what the amendment means. Yes, it applies to more than just courts. You won't be held to incriminate yourself, your property can't be unjustly seized without compensation, you must have due process and a jury, etc. etc. etc. Americans lack basic Bill of Rights knowledge, because honestly, they don't teach it enough in schools. It's great that we have to stand up and pledge allegiance, but it would be nice if we had to repeat our own rights. As an American it bothers me. Most people don't exercise that right when a police officer (or any other agent) speaks to them because it seems innocuous, and they don't think that their rights apply to a simple conversation with law enforcement. All that said...I wouldn't say it's always unintelligent to speak to law enforcement without a lawyer...but still, most people should be aware of the right, and take judicious advantage of it.

dragonwriter 13y ago
Well, in America we have widespread political and legal illiteracy as well. I'm not talking about citizens not reading the Constitution, I'm talking about most people being unable to paraphrase the Fifth Amendment when asked. Aside from "plead the fifth" most people in America probably couldn't tell you what the amendment means. Yes, it applies to more than just courts. You won't be held to incriminate yourself, your property can't be unjustly seized without compensation, you must have due process and a jury, etc. etc. etc. The right to a jury trial is not actually present anywhere in the Fifth Amendment. (For criminal cases, it is in the Sixth Amendment, for certain civil cases, it is in the Seventh Amendment.)
- dylangs1030 13y ago
  You're right, my phrasing was unclear. Specifically, the Fifth Amendment clauses the right to silence in the face of an accusation unless you're at a court proceeding ("grand jury") - this ties in to not necessarily needing to respond to law enforcement questioning. I could have just stopped at due process, I was rambling :)
  - dragonwriter 13y ago
    The Fifth Amendment right not to be a witness against yourself applies in court proceedings and certainly includes the right to silence in court proceedings in a criminal case. The grand jury provision in the Fifth is in reference to being charged with a serious crime, not an exception to the right of silence.

dragonwriter 13y ago

Well, in America we have widespread political and legal illiteracy as well. I'm not talking about citizens not reading the Constitution, I'm talking about most people being unable to paraphrase the Fifth Amendment when asked. Aside from "plead the fifth" most people in America probably couldn't tell you what the amendment means. Yes, it applies to more than just courts. You won't be held to incriminate yourself, your property can't be unjustly seized without compensation, you must have due process and a jury, etc. etc. etc. The right to a jury trial is not actually present anywhere in the Fifth Amendment. (For criminal cases, it is in the Sixth Amendment, for certain civil cases, it is in the Seventh Amendment.)

dylangs1030 13y ago
You're right, my phrasing was unclear. Specifically, the Fifth Amendment clauses the right to silence in the face of an accusation unless you're at a court proceeding ("grand jury") - this ties in to not necessarily needing to respond to law enforcement questioning. I could have just stopped at due process, I was rambling :)
- dragonwriter 13y ago
  The Fifth Amendment right not to be a witness against yourself applies in court proceedings and certainly includes the right to silence in court proceedings in a criminal case. The grand jury provision in the Fifth is in reference to being charged with a serious crime, not an exception to the right of silence.