Which amendment protects against self-incrimination?

Which amendment protects against self-incrimination?

• A. 5th Amendment
• B. 1st Amendment
• C. 4th Amendment
• D. 8th Amendment

Answer: (A)

This question tests understanding of which constitutional protection guards against being forced to testify against oneself. That safeguard is found in the Fifth Amendment, which states that no person shall be compelled in any criminal case to be a witness against himself. This is why people say “pleading the Fifth” when they choose not to answer questions that might incriminate them. The other amendments cover different rights: the First Amendment protects freedoms of speech, religion, press, assembly, and petition; the Fourth Amendment protects against unreasonable searches and seizures; and the Eighth Amendment prohibits cruel and unusual punishment and excessive fines or bail. Thus, the protection against self-incrimination comes from the Fifth Amendment.

This question tests understanding of which constitutional protection guards against being forced to testify against oneself. That safeguard is found in the Fifth Amendment, which states that no person shall be compelled in any criminal case to be a witness against himself. This is why people say “pleading the Fifth” when they choose not to answer questions that might incriminate them. The other amendments cover different rights: the First Amendment protects freedoms of speech, religion, press, assembly, and petition; the Fourth Amendment protects against unreasonable searches and seizures; and the Eighth Amendment prohibits cruel and unusual punishment and excessive fines or bail. Thus, the protection against self-incrimination comes from the Fifth Amendment.