Terry Mitchell

Let's Expand Fifth Amendment Rights



Posted: Friday, September 25, 2009

by Terry Mitchell
http://commenterry.blogs.com

Two days prior to his arrest for the murder of Yale medical Annie Le, Raymond Clark was picked up by the police, handcuffed, and detained for a while. Incidents like this, that take place on a daily basis, should be prohibited by the U.S. Constitution. The Fifth Amendment comes close, but – like they say – no cigar. No person who is not an imminent threat to public safety should ever be physically detained or restrained by the police, without having first been charged with a crime.

We need a new constitutional amendment to make sure this kind of thing never happens again. One should be able to sue for a billion dollars if he or she is arrested without having been charged. Think about it. How much power do you want the police and/or the courts to have? Sure, we want to give them all the authority they need in order to apprehend those who are charged with crimes. No one disputes that.

However, do we really want officers of the law detaining people because they are considered "persons of interest"? Or because they happen to be acting weird or inappropriate at or near a crime scene? Where is the due process of law in all of that?

Without this added protection, no one is safe. We are all in serious danger. Who among us has not behaved strangely or suspiciously at one time or another? As it stands now, police can arrest you just because they think you might have done something ... maybe. Or they can haul you off to hold you as a material witness. They don't even need enough evidence to charge you.

Why aren't the supposed anti-big- government people screaming bloody murder about this kind of stuff the way they carry on at those "tea parties." Because many of them are disingenuous. They don't like big government when it comes to taxes and spending, but they are okay with it when it overreaches in the name of law and order or "protecting the country." Shame on them and their hypocrisy!
 
Terry Mitchell is a software engineer, freelance writer, amateur political analyst, and blogger from Virginia, USA. He posts a least one article a day to his blog - http://commenterry.blogs.com - on subjects such as current events, politics, technology, society and culture, religion, health and well-being, self improvement, personal finance, trivia, and sports. He is also the owner of a new privacy-enhanced search engine - http://www.SearchMost.com.

This Article has been viewed 855 times. (Not updated in real-time.)
Top-level comments on this article: (2 total)
» left by Edward Rhymes
2 years 235 days ago.
67 fans.
Terry, I will simply say Amen and thank you.
» left by Terry Mitchell 2 years 235 days ago.
93 fans.
Edward, thank you for reading and commenting.
» left by kenny
from Fall River, Mass
2 years 232 days ago.
Terry, you have my highest regard and respect on this one...Wow!
 
You brought up so many excellent and logical points, it would be too much cutting and pasting for me, but here were a few standouts:
 
1) Do we really want officers of the law detaining people because they are considered "persons of interest"? Or because they happen to be acting weird or inappropriate at or near a crime scene?
 
Great point...It seems to me the POLICE were acting weird...Maybe there should be another team of law enforcement overlooking the "behaviors" of the Police...I'm sure they would change their way of operating quickly.
 
2) Or they can haul you off to hold you as a material witness. They don't even need enough evidence to charge you.
 
That's what Black people have been facing for years, but now that it's happening to whites too it is suddenly an important issue...No wonder why Rappers mantra, "Kill cops" and such...Pretty soon whites and others will be chanting the same thing if law enforcement don't show more respect for our rights.
 
3) Why aren't the supposed anti-big- government people screaming bloody murder about this kind of stuff the way they carry on at those "tea parties." Because many of them are disingenuous. They don't like big government when it comes to taxes and spending, but they are okay with it when it overreaches in the name of law and order or "protecting the country." Shame on them and their hypocrisy!
 
Excellent point! That's what happens in a Capitalist society...Some shout "bloody murder" when it's got to do with money - a popular subject to most Americans, yet when it comes to what is just and fair few seem to care enough.
 
*** Great article with excellent insights..Good job.......Kenny
» left by Terry Mitchell 2 years 232 days ago.
93 fans.
Kenny, thanks for reading and I do appreciate the compliments! Even though we are on opposite sides of the spectrum when it comes to religion, I'm glad we can agree on issues like this.
» left by kenny from Fall River, Mass 2 years 231 days ago.
Same here buddy...I like thinkers and those who care about the things that are or should be most important...No need to believe or not believe on this one...The points you mentioned are facts, and that's the way I like it!
We want your comments! If you can read this, you don't have javascript enabled, so you can't use this comment system. Please enable javascript.