Amendment V of the United States Constitution
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.
Ratified December 15, 1791
Miranda v. Arizona (1966)
The Supreme Court held that under the 5th Amendment, law enforcement officials must provide procedural safeguards advising suspects in police custody that they have a right to remain silent and to an attorney, which include the right to counsel and protection against self-incrimination. Only after these warnings can these rights be knowingly and intelligently waived and can agree to answer questions in an interrogation or make a statement. Learn More
Dickerson v. United States (2000)
The Supreme Court reaffirmed that Miranda v. Arizona (1966) applies to admissibility of statements made by a suspect in police custody in state and federal courts. Congress could not pass legislation to overrule this precedent. Learn More
- New York State Social Studies Framework (9-12): United States History & Government and Participation in Government & Civics
- Social and Economic Change/Domestic Issues (1945-Present): 11.10 (b)
- The United States in a Changing World (1990-Present): 11.11 (b)
- Foundations of American Democracy: 12.G1 (f)
- Civil Rights and Civil Liberties: 12.G2 (a), 12.G2 (c), 12.G2 (d), 12.G2 (e)
- Fifth Amendment Rights of Persons, in Constitution Annotated, produced by the Congressional Research Service
- Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings, posted by the National Constitution Center
- Miranda v. Arizona (1966), posted by C-SPAN’s Landmark Cases
Right to Remain Silent: Miranda v. Arizona, from the Annenberg Classroom. This video discusses the origins of the Miranda warning “You have the right to remain silent …” and the landmark Supreme Court decision in Miranda v. Arizona (1966), which held that criminal suspects at the time of arrest must be informed of their Fifth Amendment and Sixth Amendment rights and protections prior to interrogation. Here is a lesson plan to accompany this video.