Which amendment protects against self-incrimination?

• A. Fifth
• B. Fourth
• C. Sixth
• D. Eighth

Answer: (A)

The thing being tested is the privilege against self-incrimination, which is protected by the Fifth Amendment. This amendment says you cannot be compelled to testify or provide information that could be used to convict you in a criminal case. That’s why you often hear about “pleading the fifth” and why police give Miranda warnings before questioning a suspect; the warnings remind you of this right and your option to remain silent. The protection focuses specifically on criminal liability and applies to custodial questioning and testimony in court. The other amendments protect different rights: the Fourth guards against unreasonable searches and seizures; the Sixth covers speedy, public trials and the right to counsel; and the Eighth prohibits cruel and unusual punishment and excessive fines or bail.