fifth amendment: meaning, definition, pronunciation and examples
C1Formal/Legal
Quick answer
What does “fifth amendment” mean?
A clause in the United States Constitution that guarantees rights including protection against self-incrimination and double jeopardy, and ensures due process of law.
Audio
Pronunciation
Definition
Meaning and Definition
A clause in the United States Constitution that guarantees rights including protection against self-incrimination and double jeopardy, and ensures due process of law.
By metonymy, the act of invoking the right to remain silent and avoid self-incrimination, especially in legal contexts. Often used in the phrase "to plead/take the Fifth."
Dialectal Variation
British vs American Usage
Differences
The term is specific to the US legal system. In British contexts, it is only used when discussing US law. Equivalent rights in the UK are found under the Human Rights Act 1998 and the Police and Criminal Evidence Act 1984, but there is no direct single-term equivalent.
Connotations
In the US, it carries strong legal and cultural weight, often associated with criminal proceedings and political scandals. In the UK, it is recognized as a technical US legal term.
Frequency
Very high frequency in US legal, political, and journalistic discourse; low frequency in general UK English, except in discussions of US affairs.
Grammar
How to Use “fifth amendment” in a Sentence
[Subject] pleaded/invoked/took the Fifth Amendment.The Fifth Amendment protects [someone] from [something].Vocabulary
Collocations
Examples
Examples of “fifth amendment” in a Sentence
verb
British English
- The suspect, in a case studied in our comparative law course, chose to invoke the Fifth Amendment.
American English
- The CEO pleaded the Fifth before the congressional committee.
adjective
British English
- The lecture covered Fifth Amendment jurisprudence in the US.
American English
- He made a Fifth Amendment assertion to avoid testifying.
Usage
Meaning in Context
Business
Rare. Might appear in discussions of regulatory investigations or white-collar crime.
Academic
Common in law, political science, history, and American studies papers.
Everyday
Used informally in the US to mean 'refusing to answer a question' in non-legal contexts.
Technical
Core term in US constitutional law and criminal procedure.
Vocabulary
Synonyms of “fifth amendment”
Strong
Neutral
Weak
Vocabulary
Antonyms of “fifth amendment”
Watch out
Common Mistakes When Using “fifth amendment”
- Writing it in lower case ('fifth amendment').
- Using 'the Fifth' alone without context in non-US settings.
- Confusing it with other amendments (e.g., the First Amendment).
FAQ
Frequently Asked Questions
Yes, informally. In the US, people use the phrase to mean they refuse to answer any awkward question, though the legal right only applies in official governmental proceedings.
Primarily, but its due process clause applies to all areas of law where the government deprives a person of life, liberty, or property.
No, legally it is not. However, in the court of public opinion, it is often perceived as such.
Not directly. The right to silence exists under UK law, but it does not have a single, iconic name derived from a constitutional amendment like the US term.
A clause in the United States Constitution that guarantees rights including protection against self-incrimination and double jeopardy, and ensures due process of law.
Fifth amendment is usually formal/legal in register.
Fifth amendment: in British English it is pronounced /ˌfɪfθ əˈmendmənt/, and in American English it is pronounced /ˌfɪfθ əˈmendmənt/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “Plead the Fifth”
- “Take the Fifth”
Learning
Memory Aids
Mnemonic
Think: FIFTH = 'I refuse' (phonetic link: 'fifth' sounds a bit like 'refuse'?). The Fifth Amendment lets you refuse to testify against yourself.
Conceptual Metaphor
THE LAW IS A SHIELD (The Amendment shields a person from compelled speech).
Practice
Quiz
What is the primary right protected by the Fifth Amendment's most famous clause?