Criminal Procedure Bar Exam 2025 – 400 Free Practice Questions to Pass the Exam

The Fifth Amendment privilege against self-incrimination can be asserted by any person in any type of case, not just limited to those involved in criminal proceedings. This constitutional right is designed to protect individuals from being compelled to testify against themselves, which can occur in both civil and criminal contexts.

For example, if someone is called as a witness in a civil case and their testimony could potentially expose them to criminal liability, they have the right to invoke the Fifth Amendment and refuse to answer questions. This privilege is not restricted to defendants; it benefits witnesses as well, regardless of the nature of the proceeding—be it civil, criminal, or administrative.

This broad applicability underscores the fundamental principle that individuals should not be forced to provide information that could incriminate them, reinforcing the protective shield the Fifth Amendment offers citizens in a variety of legal situations.