How does the Fifth Amendment protect a criminal defendant from self-incrimination?

The Fifth Amendment protects a criminal defendant from self-incrimination by ensuring that no person can be compelled to testify against themselves in a criminal case. This provision, often called "pleading the Fifth," is rooted in the principle that the government bears the burden of proving guilt, as the accused is presumed innocent.12

To enforce this right, the Supreme Court established in Miranda v. Arizona (1966) that police must inform suspects in custody of their right to remain silent before interrogation. This Miranda warning ensures that individuals are aware they do not have to provide statements that could be used against them in court.3

While the clause protects against compelled testimony—such as verbal statements—it does not generally cover physical evidence like voice samples or results from sobriety tests. Furthermore, the Supreme Court has created various exceptions to these protections, such as the "public safety" exception or requirements that a suspect must explicitly invoke their right to remain silent if they are not in custody.23