U.S. Fifth Amendment Right Against Self‑Incrimination Explained

The Fifth Amendment to the United States Constitution guarantees that no person shall be compelled to be a witness against himself, providing the right against self‑incrimination. It also includes protections for due process and double jeopardy, prohibiting prosecution for the same offense twice.

Originally rooted in 17th‑century English common law, the amendment was adopted to limit federal power and has since been applied in state criminal courts and civil cases. In criminal trials, a defendant’s silence cannot be used as evidence of guilt, while in civil proceedings a negative inference may be allowed. The phrase “pleading the Fifth” has entered popular culture as an idiom for refusing to answer uncomfortable questions.