Self Incrimination
The Fifth Amendment to the Constitution protects you against being coerced into making statements that could be used as evidence to incriminate you:
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.
It is seen on television quite often: the accused ‘pleads the Fifth,’ or refuses to answer self-incriminating questions. This protection is most important at a trial, where a defendant is not required to take the witness stand and testify against himself or herself. If a defendant chooses to testify, then protection by the Fifth Amendment is waived and all questions put to the defendant must be answered. This protection is not available in the case of physical evidence, such as a blood test or fingerprints.
When a person is placed under arrest, the police officer reads that person the Miranda Warning. The purpose of these simple rights is to advise a potential defendant that s/he does not need to make any self-incriminating statements:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed for you.