![]() To read a more detailed explanation of due process, visit this online resource from Cornell Law School. For instance, anyone arrested for a crime must be told of the charges against them, informed of their right to not speak, and told that they have a right to work with an attorney. In general, due process ensures government authorities cannot take a person’s right to life, liberty and property, and ensures without proving that a crime has been committed.ĭue process includes following proper procedures during criminal matters. In addition to protection against self-incrimination, the Fifth Amendment also provides due process rights. If a statement could be used against you or result in the discovery of evidence that could be used against you, your right to not share or reveal that information is protected. The protection provided by the Fifth Amendment is intentionally broad. This right is available in both state and federal court and both criminal and civil cases. ![]() This is sometimes referred to as “pleading the Fifth” or “taking the Fifth.” The Fifth Amendment states that nobody “shall be compelled in any criminal case to be a witness against himself.” This means you cannot be forced to testify or answer any questions if what you say could be used against you by the prosecution. This means you have the legal right to refuse to answer questions or speak to anyone involved in a criminal investigation if you believe what you say could incriminate you. One of the most important protections provided by the Fifth Amendment is the right against self-incrimination.
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