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Category: Fifth Amendment

Fifth Amendment/Free speech and press

AOC did nothing wrong

Posted on March 2, 2025 by Kenneth Ballard / 0 Comment

Two things to say up front before getting into Rep. Ocasio-Cortez’s recent letter to the Attorney General. First, it is not a crime to inform people of th...

Fifth Amendment/Supreme Court

Pardons aren’t without consequences

Posted on January 22, 2025 by Kenneth Ballard / 0 Comment

The President’s pardon power is unconditional and unquestionable. He has the power to pardon anyone for crimes against the United States. And in some last...

Constitution/Fifth Amendment

Talk about short-sighted

Posted on November 14, 2024 by Kenneth Ballard / 0 Comment

Article: Letters to the Editor: Trump has vowed revenge. Start the pardons, President Biden From the above: To the editor: Harry Litman relies on the wisdo...

Fifth Amendment

Sidestepping Miranda

Posted on March 21, 2024 by Kenneth Ballard / 0 Comment

Several years ago I wrote an article going after an appellate court decision out of Washington that, in short, allowed police (in that State, at least) to sides...

Fifth Amendment

Everything will be used against you

Posted on November 16, 2022 by Kenneth Ballard / 0 Comment

I’ve said before that we need to make it clearer than crystal that rape victims (male or female) absolutely must cooperate with law enforcement with colle...

Fifth Amendment/Free speech and press/Rights/Second Amendment

It isn’t a right if it’s compulsory

Posted on January 23, 2022 by Kenneth Ballard / 0 Comment

In the United States there are several rights codified in our Constitution. And one concept about rights many seem to forget is they are entirely voluntary. You...

Due process/Fifth Amendment

On Bill Cosby

Posted on June 30, 2021 by Kenneth Ballard / 0 Comment

As I write this, the hot ticket news headline is Bill Cosby’s indictment being vacated by the Pennsylvania Supreme Court. And a lot of people are naturall...

Fifth Amendment/Law Enforcement/Police/Religion

Religious police

Posted on June 22, 2019 by Kenneth Ballard / 0 Comment

Let’s talk about that new law recently signed by the Alabama governor. The bill amends Alabama Code ยงย 16-22-1. Here is the original text of that section: ...

Fifth Amendment

Misconceptions about Miranda

Posted on April 23, 2013 by Kenneth Ballard / 3 Comments

Mirandizing suspects is one of the most recognized of police actions, but also one of the least understood. Many people have numerous misconceptions about how t...

Fifth Amendment

Revisiting Miranda

Posted on April 20, 2013 by Kenneth Ballard / 0 Comment

As a person who owns a blog that doesn’t really get a lot of hits, I tend to notice when one article gets a lot of hits over anything else. Recently, the ...

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