"You have the right to remain silent. Anything you say can be used against you in a court of law." --Heard on countless television police dramas

"I respectfully decline to answer on the grounds that my testimony may tend to incriminate me." --Heard in televised congressional hearings

Television has familiarized Americans with their constitutional rights if they're ever arrested or called to appear as witnesses before government committees. Recently, TV audiences have witnessed executives of Enron and WorldCom invoking the privilege against self-incrimination.

The police warnings, known as Miranda warnings, and the privilege not to testify against oneself in court stem from protections guaranteed by the Fifth Amendment to the United States Constitution. When someone invokes this amendment and declines to testify, it's usually referred to as "taking the Fifth." Thanks to the Fifth, people cannot be forced to provide testimony that could lead to charges against them. Nor can forced admissions of guilt be used as evidence.

Lately, invoking the Fifth Amendment has gotten a bad name. Many people think it amounts to an admission of guilt. If a witness or suspect has nothing to hide, why remain silent? This backgrounder explains why we have protection against self-incrimination and why this protection remains relevant today.

Find more background on the history of constitutional rights in America in the articles below.

• Constitution of the United States, system of fundamental laws of the United States of America.
• Bill of Rights, the first ten amendments to the Constitution that guarantee Americans fundamental civil liberties, including freedom from self-incrimination.
• James Madison, key framer of the Constitution and sponsor of the Bill of Rights.
• Fifth Amendment to the Bill of Rights provides important protections against arbitrary government actions.

The following articles and historical documents are available to those with access to MSN Encarta Premium:

• George Mason, author of the Virginia Declaration of Rights on which the Bill of Rights is based.
• Due Process of Law, the right to proper legal procedures guaranteed by the Fifth Amendment.
• Virginia Declaration of Rights, 1776 document written by George Mason that served as the model for the Bill of Rights.
• On the Need for a Bill of Rights, 1787 debate over the need for Constitutional guarantees of the rights of individuals.