Fifth Amendment Right Against Self Incrimination

The Fifth Amendment to the United State Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” The right applies to investigatory processes, pretrial disclosures, and trials themselves, as well as to the testimony in civil, administrative and legislative proceedings. The self-incrimination protection has to be asserted to be realized. This right was built on the common law right to silence. When a person “pleads the Fifth,” he or she asserts his or her right to remain silent.