5th Amendment Rights & Privileges

Question 1

What is the privilege against self-incrimination?

Answer 1

Under the 5th Amendment, no person shall be compelled in any criminal case to be a witness against himself

Question 2

What evidence/ proceedings does the 5th Amendment apply?

Answer 2

• Testimonial evidence
• Proceedings where the answers provide some reasonable possibility for incriminating the witness in future criminal proceedings
• does NOT extend to requests for identification during Terry stop

Question 3

Exceptions to Miranda

Answer 3

1. Public safety
2. Routine booking questions
3. Undercover agents