Fifth Amendment Rights and Privileges

Question 1

The Fifth Amendment

Answer 1

The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself. It is applicable to the states through the Fourteenth Amendment.

Question 2

Fifth Amendment in a Police Interrogation Context

Answer 2

n the seminal case of Miranda v. Arizona, the U.S. Supreme Court held that a suspect has a constitutional right not to be compelled to make incriminating statements in the police interrogation process.[i] Miranda once was considered necessary in nearly every encounter with the police. However, the Supreme Court has been gradually narrowing the scope and limiting the use of Miranda.

Any incriminating statement obtained as the result of custodial interrogation may not be used against the suspect at a subsequent trial unless the police provided procedural safeguards effective to secure the privilege against self-incrimination (i.e., informed the suspect of Miranda rights). An incriminating statement includes not only a confession, but other inculpatory statements, and is subject to suppression even though the defendant intended the statement to be exculpatory.