5th Amendment Rights & Privileges

Question 1

Fifth Amendment

Answer 1

The 5th Amendment says no person shall be compelled in a criminal case to testify against themselves.

This right applies to testimonial evidence only.

Prosecution may compel testimony if granting immunity (transactional or use)

*Applies to states under 14th Amendment

Question 2

Miranda Rights

Answer 2

Under the 5th Amendment, any incriminating statement obtained as a result of a custodial interrogation may not be used against a suspect in court unless the police advised them of their Miranda rights.

Only applies to statements made during custodial interrogation (reasonable person’s belief they could leave) and in response to questions/actions likely to elicit incriminating info.

EXCEPTIONS: public safety, routine booking question, undercover agents

Question 3

Compliance with Miranda Rights

Answer 3

Content/timing - warning must be given before interrogation begins. It does not need to be verbatim but must advise: right to remain silence, potential use of statements in court, and right to counsel

Right to Counsel - if suspect makes a specific requiest for counsle, interrogation must stop untilo counsel is present unless suspect initiate communication themselves or 14 days pass after custody

Right to Silence - suspect must make a clear assertion of right to remain silent (mere silence is not enough). Interrogator must scrupulously hoinor the right unless suspect indiciates desire to speak - otherwise communication would be coercive

EXCEPTIONS: public safety, routine booking question, undercover agents