Throughline We the People: The Right to Remain Silent
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Mar 27, 2025 This episode dives into the Fifth Amendment and the daunting right to remain silent. It examines why many still talk to police despite those rights, highlighting cultural narratives and historical injustices involving coercion and racial bias in law enforcement. Through compelling cases like Brown v. Mississippi, it sheds light on wrongful convictions and the evolution of Miranda rights. The complexities of asserting the right to silence amid police interrogation are discussed, revealing the ongoing struggle for justice and understanding of constitutional protections.
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The Case of Brown v. Mississippi
- In 1934, three Black sharecroppers were accused of murdering their white employer in Mississippi.
- They were tortured until they confessed, their confessions being the only evidence used in their trial.
Purpose of the Fifth Amendment
- The Fifth Amendment protects against self-incrimination, preventing forced confessions.
- The framers designed it to prevent abuses of power like those seen in European courts.
Limited Scope of the Fifth
- The Fifth Amendment initially only applied to federal courts.
- Most prosecutions happened in state courts, limiting the amendment's impact.