5th Amendment

Library of Congress, Prints & Photographs Division, Farm Security Administration/Office of War Information Black-and-White Negatives, LC-USF34-043942-D

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

Relevant Cases or Laws

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

New York v. Quarles (1984)

The Supreme Court held that there is a “public safety” exception to the Miranda warnings requirement. 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

References and Resources

Teaching Tools, Lesson Plans, & Activities

Due Process of Law” including materials, handouts, and activities, posted by the Bill of Rights Institute

Miranda v. Arizona” including case summaries and activities, in Educational Resources, posted by U.S. Courts

 “How Does the Fifth Amendment Protect Property?” includes handouts, activities, and homework, posted by the Bill of Rights Institute

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.

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