Taking the Fifth: When What You Say Could Be Used Against You
10/04/22 • 45 min
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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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- To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro.
- Check out our other weekly NHPR podcast, Outside/In - we think you'll love it!
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.
Want our new "Civics is my cup of tea" mug? CLICK HERE TO DONATE AND GET YOURS!
- CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more!
- To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro.
- Check out our other weekly NHPR podcast, Outside/In - we think you'll love it!
Previous Episode
Oaths
From the Presidential Oath of Office to the Oath of Allegiance to sworn testimony, Americans take an awful lot of oaths. Today we explore the history of oaths in the US, the linguistic tinkering that's happened to oaths of office over the last few centuries and the repercussions of breaking an oath.
For anyone interested in a deeper dive into the Pledge of Allegiance and the American flag, as well as how statutes regarding them and your First Amendment rights have intermingled, check out our earlier episode here.
Also, we have trivia! 8 new questions each week tied to our most recent episode! Click here to test your civics knowhow. And for a more relaxed bit of quizzery, we have a daily worldle too.
Want our new "Civics is my cup of tea" mug? CLICK HERE TO DONATE AND GET YOURS!
- CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more!
- To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro.
- Check out our other weekly NHPR podcast, Outside/In - we think you'll love it!
Next Episode
Nina Totenberg Live On Stage
In September 2022, Hannah sat down with NPR Legal Affairs Correspondent for a show called Writers on a New England Stage. This is an excerpt from their conversation. Nina discusses her new book, Dinners with Ruth, focusing on her career as a journalist and her relationship with late Supreme Court Justice Ruth Bader Ginsburg. You can catch the whole conversation at nhpr.org.
Want our new "Civics is my cup of tea" mug? CLICK HERE TO DONATE AND GET YOURS!
- CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more!
- To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro.
- Check out our other weekly NHPR podcast, Outside/In - we think you'll love it!
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