Under the 5th Amendment, you have the right to refuse to answer questions, or make statements, that might incriminate you. This applies at any stage of a criminal investigation or prosecution.
The 5th Amendment also contains the Due Process Clause, which protects you from suffering certain consequences without due process of law. As the judicial interpretation of the Due Process Clause has evolved, it has been subdivided into two guarantees: substantive due process and procedural due process. Substantive due process refers to specific rights, such as rights related to free speech, voting, and association. Procedural due process ensures that the adjudication process,the way you are tried for a crime, is fair and impartial.
The 6th Amendment sets forth specific rights for criminal defendants, including:
The 8th Amendment prohibits excessive bail or cruel and unusual punishment (though it does not define either term).
In an expansion on the rights set forth in the Constitution, the U.S. Supreme Court established, in its 1966 ruling in Miranda v. Arizona, that anyone taken into custody be provided with notice of the following:
Though some of the provisions of Miranda have been weakened, it remains the law of the land.
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