5th Amendment

Asserting Your Right to Remain Silent

Under the 5th Amendment to the United States Constitution and Article 2 Section 18 of the Colorado Constitution, the government may not force a person to testify against themselves in a criminal proceeding. This is commonly known as the “right to remain silent.” Through a long lineage of cases, the Supreme Court determined that invoking […]

The Right against Self-Incrimination

The right against self-incrimination is grounded in the Fifth Amendment to the United States Constitution; “No person… shall be compelled in any criminal case to be a witness against himself.” The sentence only has fifteen words, but those words have had a profound impact on the American legal system. In the most basic interpretation, the […]