The 5th amendment and the Miranda warning are designed to protect the constitutional rights of individuals in the U.S. by preventing coercive interrogations and abuse of government authority.

Miranda warnings take their name from the Miranda v. Arizona case, in which the Supreme Court held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights"), and makes a knowing, intelligent and voluntary waiver of those rights.

Therefore, Miranda warnings are an extension of 5th amendment rights. i.e. the warnings are issued by police to inform the suspect of their fifth amendment rights and to ensure that the suspect knows these rights and, if he or she chooses to waive these rights, they do it voluntarily and knowing full well the consequences of their actions.

The most well-known provision of the fifth amendment is the right against self-incrimination. In other words, you do not have to talk to the police or testify in a trial if your testimony is evidence that you committed a crime.

The text of the fifth amendment is as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The implications are:

Comparison chart

Fifth Amendment versus Miranda Warning comparison chart
Edit this comparison chartFifth AmendmentMiranda Warning
What is it? The Fifth Amendment in the U.S. generally refers to the law that protects witnesses from being forced to incriminate themselves. e.g. by answering questions during interrogation or testimony in a trial. The Miranda warning is required to be given by police in the U.S. to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights.


Grand Juries

Certain protections offered by the fifth amendment (e.g. the right to have an attorney present) do not apply to grand juries. However, many states have abolished grand juries and replaced them with preliminary hearings.

Federal income tax

Individuals are required to report all income, including income from illegal activity. They cannot plead the fifth amendment to avoid filing a tax return altogether. They may, however, choose to not describe the exact source of their income by pleading the fifth.


Individuals may be unable to plead the fifth amenment and be forced to testify if the court grants them transactional immunity (immunity from prosecution) or use immunity (a guarantee that their testimony will not be used as evidence against them if they testify).


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"Fifth Amendment vs Miranda Warning." Diffen LLC, n.d. Web. 18 Sep 2018. < >