The Fifth Amendment. You have the right to remain silent when you're being questioned in police custody, thanks to the Fifth's protection against self-incrimination. But most people end up talking to police anyway. Why? Today on Throughline's We the People: the Fifth Amendment, the right to remain silent, and how hard it can be to use it. This episode originally ran in March 2025.<br/><br/>Learn more about sponsor message choices: <a href="https://podcastchoices.com/adchoices">podcastchoices.com/adchoices</a><br/><br/><a href="https://www.npr.org/about-npr/179878450/privacy-policy">NPR Privacy Policy</a>

We the People: Cruel and Unusual Punishment

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