Taking the Fifth: When What You Say Could Be Used Against You

The Fifth Amendment's self-incrimination clause says that no person "shall be compelled in any criminal case to be a witness against himself." Basically, it means that the government, or law enforcement, can't force you to talk to implicate yourself in a crime. However, what that looks like in practice... is a little more messy. When do you have a right to remain silent? When do you become a suspect? What does compulsion look like? Can your silence be used against you?

We talk about how the Supreme Court has interpreted these questions, and how to exercise Fifth Amendment right when you are interacting with law enforcement, with Tracey Maclin, a professor of Constitutional law and Constitutional criminal procedure at the University of Florida's Levin School of Law, and Jorge Camacho, a clinical lecturer on law and policing at Yale University, where he is the policy director of the Yale Justice Collaboratory.

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