New York v. Quarles

The Fifth Amendment guarantees that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . nor shall be compelled in any criminal case to be witness against himself . . . "

In criminal cases the prosecution must prove the guilt of the defendant without forcing the accused to confess or testify. Only individuals, and not businesses or corporations, can use the privilege against self-incrimination. This privilege also extends to witnesses, who can refuse to answer questions that may incriminate them in a civil or criminal proceeding. The privilege against self-incrimination extends to all judicial proceedings including grand jury transactions, legislative investigations and administrative hearings.

In order to claim this privilege, a witness must first appear in court. Failure to appear can result in a contempt of court citation. Defendants in criminal cases have the same privileges as witnesses. Unless the accused has been given their Miranda rights any statement made is considered involuntary and cannot be used against them.