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. Learn more about sponsor message choices: podcastchoices.com/adchoices NPR Privacy Policy