Fifth Amendment

American  

[fifth uh-mend-muhnt, fith] / ˈfɪfθ əˈmɛnd mənt, ˈfɪθ /

noun

1. an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that people cannot be required to testify against themselves in a criminal case and that no person be subjected to a second trial for an offense for which they have been duly tried previously.

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Fifth Amendment British  

noun

1. an amendment to the US Constitution stating that no person may be compelled to testify against himself and that no person may be tried for a second time on a charge for which he has already been acquitted

2. to refuse to answer a question on the grounds that it might incriminate oneself

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Fifth Amendment Cultural  

1. One of the ten amendments to the United States Constitution that make up the Bill of Rights. The Fifth Amendment imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law.

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Discover More

To “take the Fifth” is to refuse to testify because the testimony could lead to self-incrimination.

Example Sentences

Even though the Fifth Amendment ultimately kicked in and did its job, the government ruined lives in the process.

From Slate • May 22, 2026

But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.

From Los Angeles Times • Apr. 19, 2026

District Judge Paul Friedman said parts of the policy violated the First and Fifth Amendment rights to free speech and due process.

From The Wall Street Journal • Mar. 20, 2026

"I can confirm that she will take the 5th," Maxwell's lawyer David Oscar Markus told the BBC on Sunday, referring to the right to avoid self-incrimination outlined in the Fifth Amendment of the US constitution.

From BBC • Feb. 9, 2026

The company brought an action in the Court of Claims to recover under the Fifth Amendment for the total operating losses sustained during the period in which this property was operated by the United States.

From The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 by Corwin, Edward Samuel