privilege against self-incrimination

The privilege against self-incrimination is a constitutional right guaranteed by the Fifth Amendment to the United States Constitution. It protects individuals from being compelled to provide testimonial evidence that could subject them to liability in a criminal case. The privilege applies in any setting where compelled statements may lead to criminal prosecution, including police interrogations, criminal trials, and certain civil proceedings. It covers verbal or written statements that communicate facts but does not extend to non-testimonial physical evidence such as fingerprints, blood samples, or handwriting exemplars. The privilege is often invoked through the phrase “pleading the Fifth” and forms the basis of the Miranda warnings, which require police to inform suspects of their right to remain silent during custodial interrogation. This protection applies only to natural persons. Corporations, partnerships, and other collective entities cannot claim the privilege against self-incrimination.

[Last reviewed in October of 2025 by the Wex Definitions Team]

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