Then Fifth Amendment to the U.S. Constitution says that no person would have to be a witness against himself. It gives a person the right to refuse to answer any questions that the prosecutor might ask. The right was created because of the British courts that operated from 1487-1641. These courts believed that a prosecutor did not have to prove a case based on evidence, but rather harassing a defendant into a confession was enough evidence, whether the defendant was innocent or guilty. The right to be free from having to incriminate oneself was a law among nine of the colonies before it was included in the U.S. Constitution. Since then, the U.S. Supreme Court has expanded the Fifth Amendment to apply not only to criminal cases and pre trials,