We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What does "Taking the Fifth" Mean?

By Ron Marr
Updated May 16, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The phrase taking the fifth is most commonly used in relation to the Fifth Amendment of the United States Constitution. This amendment, designed to protect American citizens from judicial abuse by the government, frequently pertains to the areas of self-incrimination in a criminal or civil trial. The amendment also covers the concept of “double jeopardy” and government appropriation of private property during an eminent domain dispute. The Fifth Amendment reads as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

To protect a trial witness from incriminating himself in matters of criminal or civil liability, he can refuse to answer questions put to him by a judge or attorney. As seen in countless mobster movies and crime dramas, the witness can assert this right by stating that he is “taking the fifth” or “pleading the fifth.” The founders of the U.S. Constitution created the Fifth Amendment, in part, due to their historical awareness that confessions had often been obtained by means of torture. By granting American citizens the right to refuse to answer queries in a court of law, it was hoped that the use of torture would be pointless.

By taking the fifth, a witness is not necessarily helping his case. While the maneuver does protect a person from inadvertently incriminating himself in illegal activity, it may also hamper his ability to defend himself. Judges and juries might also interpret one’s "taking the fifth” as a sign of guilt, indicating that the witness wants to keep information hidden.

There are certain scenarios under which individuals are not allowed to plead the fifth. The Fifth Amendment is not a blanket protection, and in specific areas one can be forced to provide answers or information that will incriminate them in illegal actions. The most common of these is in relation to U.S. tax law. Failing to file a required federal income tax return, or failing to report one’s income, would be a situation in which the government’s need to know supersedes the Fifth Amendment.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Cageybird — On Sep 03, 2014

I've seen TV crime dramas where a witness will try to plead the fifth and the judge won't allow it. The amendment only applies to testimony that would tend to incriminate the witness, not just make him or her look disreputable. If a witness was doing a drug deal in the same alley where a man was shot, he cannot necessarily claim his fifth amendment rights. He's not on trial for his own illegal activities; he's being asked about what he witnessed on the night of the shooting.

When I was very young, I remember watching the Watergate hearings and I thought it was strange to see all these people say the same thing over and over again: "I decline to answer that question under the rights provided to me under the fifth amendment of the Constitution". I remember one man said it at least 20 times in a row.

By RocketLanch8 — On Sep 02, 2014

I had a history professor who was fond of saying the US Constitution could be summed up in one sentence: "Let's not be British about this." I can see why the founding fathers wanted to provide some protection for witnesses who didn't want to go to jail themselves for telling the truth about someone else's actions. The prosecutor can always use "taking the fifth" as an invitation to pursue other criminal charges later against that witness.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.