What is the 5th Amendment Right Against Self Incrimination?
The 5th Amendment to the United States Constitution states, in part, that 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”. The 5th Amendment protects witnesses from being forced to incriminate themselves. In other words, no one can make a witness or a defendant say something that can be used against him in a criminal proceeding. To “plead the fifth” is to refuse to answer a question because the response could provide self-incriminating evidence of illegal conduct which could be punishable by fines, penalties or forfeiture. This right applies whether the proceeding is in federal or state court and whether the proceeding itself is criminal or civil. In addition, the government cannot punish a criminal defendant for exercising his right to silence. The DA cannot ask the jury to draw an inference of guilt from the defendant’s refusal to testify in his own defense at trial.
