- To invoke the right against self-incrimination guaranteed by the Fifth Amendment to the United States Constitution, meaning refusing to answer a question because the answer might implicate oneself in a crime.
- Informally, it means playfully or seriously refusing to answer any question that might be embarrassing, revealing, or get one into trouble (not necessarily legal trouble).
Explanation
Origin
- Directly from the text of the Fifth Amendment to the U.S. Constitution (ratified 1791), which states that no person shall be compelled in any criminal case to be a witness against himself.
- The phrase plead the Fifth became common shorthand in legal contexts and gained widespread public recognition through media coverage of trials and congressional hearings (e.g., during the McCarthy era in the 1950s).
- The informal usage spread from this cultural awareness.
Synonyms & Related Expressions
Alternatives
Slang/Informal (Refusing to answer):
- Zip it / My lips are sealed
- That's classified (Humorous)
- I could tell you, but then I'd have to kill you (Cliché humour)
- Taking that secret to the grave
More Formal:
- I decline to answer that question.
- I have no comment on that matter.
Situational Appropriateness
- Legal use: Specific to US legal proceedings or contexts where US constitutional rights are relevant.
- Informal use: Appropriate in casual, humorous situations among friends, family, or peers when avoiding a potentially embarrassing or self-incriminating (in a non-legal sense) question. Using it too seriously outside of humour can seem overly dramatic or uncooperative. Avoid in professional settings unless making a very obvious, lighthearted joke among familiar colleagues.
Misunderstanding Warnings
- People outside the US might not understand the specific constitutional reference, although the context usually makes the meaning (refusal to answer) clear in informal use. They might not appreciate the specific legal weight it carries in the US system. In informal use, the tone (usually humorous) is key to avoid sounding genuinely evasive or suspicious.
Examples
- (Legal): When questioned by the committee, the witness repeatedly pled the Fifth.
- (Informal): Friend 1: Who finished all the ice cream? Friend 2: I plead the Fifth!
- (Informal): Reporter: Can you comment on the recent rumours? Politician: On that matter, I plead the Fifth. (Usually implies 'no comment' evasively).
Dialogue
Sibling 1: Did you borrow my favourite sweater without asking again?
Sibling 2: (Smiling mischievously) I plead the Fifth!
Sibling 1: Ha! I knew it! Give it back!
Social Media Examples
- Tweet: Someone asked how many hours I spent gaming yesterday... I plead the Fifth. 😅 #gamerlife
- Instagram poll response: Q: Did you finish the book? A: [Option 3] I plead the Fifth...
- FB Comment: Who ate the last slice of cake??? Reply: @[Friend's Name] I think you know the answer... 😉 I plead the Fifth!
Response Patterns
- (Legal): Formal acknowledgment by the court or questioner; the questioner cannot compel an answer on that specific point.
- (Informal): Laughter, mock accusation (Aha! Guilty!), playful suspicion (Ooh, what are you hiding?), respecting the refusal (Okay, okay, won't ask!), teasing.
Common Follow-up Questions/Actions
After a legal pleading:
- The questioner must move on or rephrase, potentially granting immunity to compel testimony.
After an informal pleading:
- The questioner might playfully press the issue (Come on, tell me!).
- The questioner might accept the refusal and change the subject.
- Others might join in teasing the person.
Conversation Starter
- No. It is always a response to a direct question.
Intonation
- (Legal): Formal, neutral, stated clearly.
- (Informal): Often playful, humorous, coy, or slightly dramatic/evasive. Stress typically on FIFTH. I PLEAD the FIFTH!
Generation Differences
- Widely understood across generations in the US due to its presence in legal dramas, news, and pop culture.
- Familiarity and usage are lower outside the US, although the concept is often understood through media exposure.
Regional Variations
- Primarily American English due to its direct link to the US Constitution.
- Understood in Canada and often in other English-speaking countries via media, but used less frequently. When used outside the US informally, it often retains a slightly American flavour or is used self-consciously/humorously.