Entry 8 Amendment Five

Source: Gulf Oil Spill: Top Oil Rig Official Doesn’t Know Who Was In Charge. August 23, 2009
http://latimesblogs.latimes.com/greenspace/2010/08/gulf-oil-spill-top-oil-rig-official-doesnt-know-who-was-in-charge.html

Constitution Connection: Amendment 5, Trial and Punishment, Compensation for Takings.

“No person 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.”

Explanation of Connection:

            The article talked about the Deepwater Horizon explosion and whose fault was it that it exploded. A top official who owned the rig sold it to BP and which BP left Robert Kaluga in charge because the officials thought that he could seal up the well. Paul Johnson the Transocean rig manager didn’t know who Mr. Kaluza was or where he came from and when he asked to make sure he had experience BP said he was an experienced worker. Officials believe that Mr. Kaluza was the cause of the Gulf oil spill but he says he won’t testify against himself because to produce an incriminating testimony against him is offending his Fifth Amendment right.

            The article demonstrates Amendment five of the Constitution because amendment five says that “you don’t have to deprive yourself of your liberty”. This article shows the constitution in action because with its rights from amendment five it is allowing Mr. Kaluza not to testify against his self, the constitution says that “no person shall be a witness against himself” with this right it makes it hard for anyone to find out who’s in fault for the oil spill. In the article Mr. Kaluza says “I will not testify before the panel because my amendment five right says that I do not have to produce an incriminating testimony against myself”. The right to not testify against oneself is a right that the constitution opposes to everyone of the U.S.

            I think that BP was at fault for the oil spill because if they wouldn’t have put Mr.Kaluza in charge of such of an important duty the explosion wouldn’t have happened. BP should have looked more into Robert Kaluza’s background to make sure he had experience with what he was trying to complete. I also respect the fact that Mr. Kaluza doesn’t want to testify against his self because of his Fifth Amendment right. Maybe the officials will later find out that he wasn’t the cause of the explosion or maybe he will speak up about what went on to cause the damage. I hope they find out what caused the problem and also find out whose fault it was that it happened.