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Meaning & use

the Fifth

phrase, proper noun·AcademicAmericanlegal

Last updated

UK/ðə ˈfɪfθ/
US/ðə ˈfɪfθ/

Meanings

  1. phraseidiomAmericanlegal

    Short for the Fifth Amendment of the U.S. Constitution, and used in the idiom for refusing to answer a question that could make you look guilty.

    Grammar: Used with take or plead: take the Fifth, plead the Fifth.

    Patterns

    • take the Fifth
    • plead the Fifth

    The witness took the Fifth rather than answer questions about the money.

    He pleaded the Fifth when asked who ate the last slice of cake.

    Executives who plead the Fifth in hearings often face public criticism.

  2. proper nounproperAmericanlegal

    The amendment to the U.S. Constitution that protects people from being forced to testify against themselves.

    Grammar: A proper noun with the, often written the Fifth Amendment.

    Patterns

    • protected by the Fifth

    The Fifth also guarantees due process of law.

    Law students study how the Fifth limits police questioning.

Common combinations

take the Fifth
The suspect decided to take the Fifth during the interview.
plead the Fifth
I'll plead the Fifth on how much I spent.
invoke the Fifth
The witness invoked the Fifth Amendment and said nothing more.
the Fifth Amendment
The Fifth Amendment protects against self-incrimination.
refuse by taking the Fifth
He refused to explain, taking the Fifth instead.

Synonyms and how they differ

remain silent
Remain silent is the general phrase for not speaking, while take the Fifth names a specific constitutional right.
decline to answer
Decline to answer is neutral and formal, and take the Fifth adds the idea that the answer might be incriminating.
stonewall
Stonewall means to block and delay in an uncooperative way, and does not rely on any legal right.

Opposites

confesstestify

Word family

fifth adjective
coming after the fourth
Fifth Amendment noun
the part of the U.S. Constitution that protects against self-incrimination
self-incrimination noun
saying something that could show you are guilty

Commonly confused: the Fifth or fifth wheel?

the Fifth vs fifth wheel

A fifth wheel is an extra, unnecessary person or thing. It has nothing to do with the right to stay silent.

Practice

Asked who had broken the vase, Leo smiled and said, 'I'll ___ the Fifth.'

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