The constitutional protection against self-incrimination is provided by which amendment?

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

Answer: (C)

The protection against self-incrimination is provided by the Fifth Amendment. Its Self-Incrimination Clause says that no person shall be compelled in any criminal case to be a witness against himself, which lets someone refuse to answer questions that could expose them to criminal liability—this is the idea behind “pleading the Fifth.” This safeguard prevents the government from forcing you to provide testimony or evidence that could be used to convict you, and it applies to both federal actions and, through incorporation, state actions. Other amendments cover different rights—speech and religion, searches and seizures, and the right to a fair trial with counsel—so they don’t address the specific protection against being forced to implicate oneself.