Page 235 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

4. If you cannot afford to hire a lawyer, one will be appointed

to represent you before any questioning if you wish; and
5. You can decide at any time to exercise these rights and not

answer any questions or make any statement.
How did the Miranda Warning come to be, but not until the

1960’s? The Fifth Amendment provides several rights that are
important to the accused (and one seemingly unrelated to criminal

justice – eminent domain). These are: Indictment by a grand jury for
high crimes; Right against self-incrimination; Right to Due Process

required in matters of life, liberty or property; and Eminent domain
requiring the government to pay just compensation to take

property. Pre-dating the Magna Carta, the justice system was
different for the ruling class from the commoners – and the

colonialists. The nobility were entitled to a trial by their peers; and
the commoners might be entitled to a jury trial, and was usually a

trial by the peers of nobility. The crown and church could issue
proclamations, hand down judgments and impose sentencing.

These would be done without as much as a lawful arrest, knowing
the charges or a fair trial – and the necessity of witnesses and

evidence. By the colonial period, several laws were enacted
throughout Europe that provided for the limited rights of citizens.

However, as history has shown, the colonies were treated much
different. As tensions grew, so did the void that should have been

the justice system. As previously noted in this work, England passed

several acts, including those known as the ‘Intolerable Acts’, that
essentially stripped the colonists of the rights of justice and could
find them sent to England for trial and punishment. Therefore, our

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