The Fifth Amendment of the U.S Constitution has created volumes of discussion, analysis, and criticism. The primary protection afforded by the Fifth Amendment is the right against self-incrimination.

Self-Incrimination
The thrust of the Fifth Amendment is to prevent the government, or any of its affiliates, from coercing confessions from people. At first, this mainly consisted of physical coercion, though today it also includes psychological coercion.

Involuntary confessions are patently unconstitutional, and admission of such confessions into evidence could lead to reversible error (reversal of a conviction primarily upon the involuntary confession).

Miranda Rights
Since 1966, the Miranda rights have been part of the American landscape. Many people have the mistaken impression that immediately upon being arrested they must be informed of their Miranda rights. That is simply not so. The U.S. Supreme Court, in its decision in the Miranda case, simply requires that once a person is in police custody, he/she may not be questioned until advised of his/her rights and agrees to waive them.

If the police violate Miranda, any answers given will not be admissible at trial. It is interesting to point out that if a person, even while in custody, volunteers or just blurts out a statement, the statement can be used in court against him/her.

Pursuant to Miranda, while in custody of police, you must be informed of the following:

• The right to remain silent – Once this right is invoked, the police may not continue to interrogate you.
• The right to have an attorney present during interrogation – If this right is invoked, police must stop interrogating you until your attorney is present to advise you.
• The right to a court-appointed attorney – If you cannot afford an attorney, the court will typically appoint one for you at the public's expense.
• Explanation that what you say can be used against you.
• The right to stop interrogation – If you are arrested and agree to be questioned, you may stop the interrogation until you have an attorney present.
• Waiver of rights – You may waive these rights at any time.