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The Fifth Amendment of the United States Constitution provides that no person 'shall be compelled in any criminal case to be a witness against himself.' This privilege is applicable to the States through the Due Process Clause of the Fourteenth Amendment of the Constitution. Malloy v. Hogan, 378 U.S. 1 (1964). This privilege 'is fully applicable during a period of custodial interrogation.' Miranda v. Arizona, 384 U.S., at 460-461.
In Miranda, the Court concluded that 'without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely.' Id., at 467. Accordingly, the Court formulated the now-familiar 'procedural safeguards effective to secure the privilege against self-incrimination.' Id., at 444. The Court's fundamental aim in designing the Miranda warnings was 'to assure that the individual's right to choose between silence and speech remains unfettered throughout the interrogation process.' Id., at 469.
A suspect may waive his Fifth Amendment privilege, 'provided the waiver is made voluntarily, knowingly and intelligently.' Id., at 444. A statement ...
