The Fifth Amendment

Source: "David W. Johnson" August 12, 2010

http://topics.nytimes.com/top/reference/timestopics/people/j/david_w_johnson_1972/index.html?scp=1&sq=the%20fifth%20amendment&st=cseid




Constitutional Connection:  The Fifth Amendment States-
            
              "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation  "

                        

Analysis of the Connection:


                  A former founding father John Locke believed that all people had a natural right to life, liberty, and property. The fifth amendment says that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" which in this case a hearing might have not been seen as public danger, but it was a case of domestic violence against a women.


                   David W. Johnson was a senior adviser, driver, and scheduler to New York Governer David A. Paterson until he was suspended without pay in late February 2010 because of his involvement in a domestic violence case. On August 12 Mr. Johnson did surrender to his charge of a misdermeanor assault charges on his longtime companion  Sherr-una Booker. Sherr-una Booker, went to court in the Bronx to testify that on October 31 he had violently attacked her and to seek a protective order against him.




            David W. Johnson, who had risen to become one of the governor's most trusted aides, was suspended without pay in February 2010 after details of Ms. Booker's allegations became public. Mr. Paterson contacted Ms. Booker while she was trying to make an order of protection against Mr. Johnson, and indicated that the State Police might have tried to discourage her from taking legal action against Mr. Johnson. This led Mr. Paterson to drop his election bid and prompted the resignations of five senior administration officials, including the top two officials at the State Police.
 

               When attorney General Andrew M. Cuomo began an investigation, he had to hand it over to former Chief Judge Judith S. Kaye because Mr. Paterson was a onetime political rival with Cuomo. Mr. Johnson refused to cooperate with what was now Ms. Kaye's ivestigatation stating the fith amendment. Ms. Kaye found out that there were some errors of the governers and his advisers judgement on the case but they were not criminal acts. Ms. Kaye did recommend that the Bronx district attorney consider charges against Mr. Johnson over the incident at Ms. Booker's apartment on October 31, 2009.

          Mr. Johnson in his past has many criminal acts such as he was twice arrested on felony drug charges as a teenager, including selling cocaine to an undercover officer in Harlem, he has at least one other arrest for misdemeanor assault in the 1990s. He has also on three occasions been involved in altercations with women which two have been led to police calls. Ms. Booker went to Family Court and obtained an order of protection but when she didnt show up for her fourth hearing it was dissmissed. David W. Johnson went throught this whole case without testifying until he confessed he was guilty.


        I do not agree fully with this amendment because if someone makes a claim against someone else and has evidence of the crime the suspect should be held accountable to show up for a hearing in front of a juge and  a jury. I believe this because David W. Johnson made it for a year being a criminal and the governer of NY David A. Paterson's right hand man without being caught. Mr. Psterson has invited this criminal into his home, his office, and his personal life. Since David W. Johnson has a history of being a criminal he could have been planning to do something to Mr. Paterson and he wouldnt have known.