Amendment 5

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. 


This amendment states that one cannot testify against themself. One cannot incriminate himself . Due process means that government must never be unfair or unproper. They must always follow the rules and steps set down by law. The burden of proof is on government.

Court Cases:

1. Miranda v Arizona (1996): extends self incrimination to initial arrest. 
Right to: 
A. Remain silent: no forced confessions
B. attorney
C. attorney will be provided

Lochner v New York (1905): states the law could not force hours of bakery owner for employees. The owner could require a number of hours.

This video shows that even young children know the fifth amendment and the importance of it in the court of law. 

This comic is a silly representation but a good example of the self incrimination part of the fifth amendment.