Did you know that you can attain freedom by exercising your constitutional right, even if you are guilty, in the investigations or trials initiated against you? Of course, if you’re on trial in American courts…
House of Cards, one of the first original productions of Netflix, Godfather, one of the best movies of all time, or many American productions in which the trial scenes are included, the criminals or suspects “I take refuge in article 5” or “I am exercising my right to Article 5”. So how much do you know about item 5?
With you today, one of the constitutional rights in America, to the content of article 5We will talk about the rights it provides and the advantages it brings.
You have the right to remain silent; Anything you talk about can be used as evidence.
Although most of us do not witness this statement in real life, in many productions, the officer in charge at the time of arrest gives this warning and even says “You have the right to hire a lawyer,” If you do not have a lawyer, the state will give you a lawyer.We all know what he said. So, let’s talk about the 5th article in America starting from here.
Since anything that may come out of the mouth of the suspect or criminal during the interrogation can be used as evidence; Rather than denying, admitting to, or remaining silent, the person who wishes to exercise his or her constitutional right can only “I take refuge in article 5” he says. In this way, the person not only protects himself from testifying under torture or pressure, but also protects himself from himself, as a word that may come out of his mouth is prevented from becoming evidence in the future.
You can remain silent even with the heaviest accusations.
It makes no difference whether the person is questioned by a special prosecutor or is on trial in court. The person prosecuted or questioned is only against the accusations “5. By saying “I take refuge in the article,” he can end his right to speak and leave questions unanswered. Moreover, because of the constitutional right the slightest pressure or insistence does not see.
History and reasons for Article 5
Not only to American citizens, To all those prosecuted in America Article 5, a conferred right, was passed by Congress in 1789.
With the provision of Article 5 as a constitutional right, both as a witness and as a defendant; such as preventing the torture of detainees, ending the pressure to express regardless of whether they are guilty or not, preventing the social pressure applied to people whose crimes have not been proven, preventing statements that are forced to sign or illegally collected evidence. humanitarian and legal a trial is aimed.
Being silent is not the same as point 5
Although at first glance, article 5 may seem like keeping silent; in American courts To exercise your Article 5 right, it is not that you remain silent to the questions asked; “5. You should say “I take refuge in matter”.
Famous examples of item 5
Michael Flynn, National Security Advisor to the then US President Donald Trump, in 2017, regarding the Russia Investigation initiated by the Ministry of Justice, “I will not share the documents I have, I will not testify and I will take refuge in Article 5”.
Another famous example is Mark Fuhrman. Fuhrman, who was on duty as a detective in the Los Angeles Police Department for a period, allegedly during the time he was involved in the murder of a black person. deliberately destroyed evidenceti. Although a lawsuit was filed against Fuhrman, who frequently used racist statements, for destroying evidence, Fuhrman only told the court “5. I take refuge in the article” and ended the case.
If the court had found concrete evidence that Fuhrman destroyed the evidence; Fuhrman would not have been charged extra for perjury because Fuhrman simply constitutional right has used it. In addition, this event; In American Crime Story, which started to be broadcast by FX in 2016 and is known as the most award-winning series after Game of Thrones, Orenthal was treated together with the James Simpson case.
Actual court footage of Fuhrman:
Moments when Martin Shkreli, convicted of fraud, used his Article 5 right:
The scene in Miss Sloane where Jessica Chastain takes refuge in Article 5 as Elizabeth Sloane:
https://www.youtube.com/watch?v=0z0J_t33-b4
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