Confessions

Self-incrimination

The Fifth Amendment states that no person shall be "compelled in any criminal case to be a witness against himself." Under the Fifth Amendment, as it has been interpreted by the landmark case Miranda v. Arizona, 384 U.S. 436 (1966):

The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.

If a suspect is not made aware of these rights prior to an interrogation, therefore, the statements made during that interrogation will be inadmissible.

Exceptions to Miranda, however, do exist. For example, even absent a reading of a suspect's Miranda rights, a confession will nevertheless be valid if police officers are forced to question the suspect in furtherance of immediate public safety. For example . . .

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Page last updated: 2/17/2007
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