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The Fifth Amendment applies to self incrimination in court. What it basically says is that you can not be called as a witness against yourself. You can choose to testify in your own defense but you are essentially waiving your 5th amendment right so it would no longer apply. Saying, "I plead the 5th," in court doesnt work. If you put yourself on the stand you've already waived that right.

Miranda "rights" are from Miranda V Arizona and only apply when you are in custody and being interrogated. Miranda isn't covered by the constitution and it comes from case law (why I put "rights" in quotes).

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13y ago

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