Legal Definitions - take the Fifth

To "take the Fifth" means to invoke one's constitutional right to refuse to answer questions or provide testimony that could incriminate oneself. This fundamental right is guaranteed by the Fifth Amendment to the United States Constitution, which states that no person "shall be compelled in any criminal case to be a witness against himself."

Essentially, it allows an individual to remain silent when their answers might expose them to criminal charges, penalties, or even just provide evidence that could be used against them in a criminal prosecution. While often colloquially referred to as "pleading the Fifth," it is more accurately described as asserting or invoking a constitutional right, rather than entering a formal plea in a court case.

Here are some examples illustrating when and how someone might "take the Fifth":

• Police Interrogation: A person is brought in for questioning by detectives investigating a robbery. During the interrogation, the detectives ask about the person's whereabouts and activities on the night the robbery occurred. If the individual believes that answering these questions, or any subsequent questions, could provide evidence that might lead to their arrest or conviction for the robbery or another crime, they can "take the Fifth" by stating they wish to remain silent and will not answer further questions without their attorney present. This prevents law enforcement from compelling them to provide self-incriminating statements.
• Courtroom Testimony: In a criminal trial, a witness is called to testify and is asked by the prosecutor about their direct involvement in a specific financial transaction that is central to the defendant's alleged fraud scheme. If the witness genuinely fears that their truthful answer about their role in the transaction could expose them to their own criminal charges for fraud, money laundering, or a related offense, they can "take the Fifth" and refuse to answer that particular question. The judge would then typically assess whether the witness's fear of self-incrimination is legitimate before allowing them to remain silent.
• Grand Jury Hearing: A corporate executive is subpoenaed to appear before a grand jury investigating allegations of price-fixing within their industry and is asked to detail specific conversations they had with competitors. If the executive believes that truthfully describing these conversations could reveal their participation in an illegal price-fixing conspiracy, potentially leading to their own indictment, they can "take the Fifth" and decline to answer questions that would incriminate them. The grand jury cannot compel them to provide testimony that would expose them to criminal liability.