The statement that Vogt wrote was used to gather evidence and eventually two

The statement that vogt wrote was used to gather

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incriminating statement that he was compelled to write (or he would lose his job.) The statement that Vogt wrote was used to gather evidence and eventually two felony charges were brought against him. During the probable cause hearing, the judge concluded there wasn’t enough evidence and dismissed the case. After the dismissal of the case, Vogt decided to sue the City of Hays for violating his Fifth Amendment rights.
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The civil liberty that is addressed in the Supreme Court ruling of City of Hays, Kansas vs. Vogt, is that when a defendant’s compelled statements are used against them during a probable cause hearing and not at a criminal trial, the Fifth Amendment is being violated. According to the Bill of Rights, 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 offence 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.” In this specific case, the part of the Fifth Amendment that is being violated, is the self-incrimination clause.
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  • Fall '19
  • Benjamin Bolger

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