what does plead the fifth mean?

Answer 1

"U.S. Constitution: Fifth Amendment

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 offence 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."

When someone "pleads the fifth" or "takes the fifth", they are asserting their constitutional rights as specified in the fifth amendment to the US constitution. Usually this is done when someone refuses to testify or answer a question on the grounds that the answer may incriminate them.

Answer 2

"Pleading the fifth" is talking about the fifth amendment, the fifth amendment is used in court. It is when someone who has taken the oath to tell the whole truth and nothing but the truth doesn't want to say something, it is their right that they do NOT have to say anything, IF they plead the fifth. It is almost always used in court when the person in the witness stand (Answering the questions) does not want to say something, b/c it will either get them into trouble, or it will break the oath that they took to tell the whole truth.

EX: If an undercover cop is thought of as a criminal, and has to answer questions in court, after taking the oath, they can plead the fifth so they don't have to tell their name, they ARE STILL undercover and are NOT to let anyone know their true identity. So... it isn't ALWAYS used by criminals or guilty people, it is also used to protect the innocent.

Answer 3

Taking the Fifth
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In American criminal law, "taking the Fifth", also known as "pleading the Fifth", is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the grounds that the answers that would be given could be used as evidence against the witness to convict them of a criminal offense. Although similar to the right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the Fifth Amendment in the Bill of Rights, the right to refuse to answer when under oath has a longer history than Miranda rights. In many other jurisdictions, witnesses may be compelled under threat of contempt to answer questions even when their answers would incriminate the witness in a criminal offense.

Answer 4

In American criminal law, "taking the Fifth", also known as "pleading the Fifth", is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the grounds that the answers that would be given could be used as evidence against the witness to convict them of a criminal offense. If you ask someone if they did something and they plead the fifth-they most likely did it.

Answer 5

The statement means someone is exercising their right under the fifth amendment to not incriminate themselves.

By implication it means they have something to hide which may result in embarrassment if not prosecution.

Answer 6

It simply means requesting to keep silent. See below.

Taking the Fifth
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In American criminal law, "taking the Fifth", also known as "pleading the Fifth", is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the grounds that the answers that would be given could be used as evidence against the witness to convict them of a criminal offense. Although similar to the right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the Fifth Amendment in the Bill of Rights, the right to refuse to answer when under oath has a longer history than Miranda rights. In many other jurisdictions, witnesses may be compelled under threat of contempt to answer questions even when their answers would incriminate the witness in a criminal offense. (However, in Canada for example, Charter §13 provides automatic use immunity.) However, in other jurisdictions, such statements given under compulsion of subpoena cannot be used as evidence against that person (which is not the case in the United States). It is to be noted that the American system has the benefit of not exposing the witness to the risk that law enforcement will be able to obtain collateral evidence based on the witness's testimony that they could not possibly have learned had the witness been allowed to remain silent.

Witnesses may not refuse to answer questions on the grounds that their answers may reveal matters that may incriminate other persons. Unless the person's answers would incriminate themselves, a witness may not refuse to answer any relevant question put to them. One common application of this rule is to provide limited transactional immunity to a defendant as to specific crimes, thus narrowing the protection against self-incrimination, and permitting a court to compel answers about those crimes. Another example is that the victim of a crime may be detained and compelled to answer questions, as a material witness, even if the victim does not want to "press charges," on the theory that the crime is of public concern, and the right does not extend to other parties.

As federal grand juries have the power to subpoena the defendant and force them to take the witness stand, defendants in such proceedings invariably refuse to answer any questions put to them, citing their Fifth Amendment rights. However, it should be noted that if the defendant does answer any question put by the prosecutor during the proceeding, the right to invoke the Fifth Amendment is lost.

One of the most famous examples of "taking the fifth" in recent history was when Colonel Oliver North was asked to testify before Congress regarding his role in destroying documents during the Iran-Contra Affair. North refused to answer on the grounds that his answers would incriminate him for obstruction of justice.

The phrase "I take [or plead] the Fifth" is often used in non-legal contexts to convey a reluctance to answer a potentially embarrassing question.


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Answer 7

when you plead the fifth you are telling someone that by answering their question you will reveal incriminating information about yourself, which you don't have to do as it is a constitutionally protected right.

Answer 8

It means that you invoke your 5th ammendment right not to speak

Answer 9

i think that it means that you know something but you refuse to say it

Answer 10

it means that you are not going to answer