House of Cards, one of the first original productions of Netflix, The Godfather, one of the best films of all time, or many American productions with trial scenes, “5. You may have witnessed him saying, “I take refuge in Article 5” or “I am exercising my right to Article 5”. So how much do you know about item 5?
Today, we will talk about the content of Article 5, one of the constitutional rights in America, the rights it provides and the advantages it brings.
You have the right to remain silent; Everything you speak can be used as evidence about you
Although most of us do not witness this statement in real life, in many productions the officer in charge at the time of arrest has warned this and even at the end “you have the right to hire a lawyer, you have the right to hire a lawyer. Otherwise, the state will give you a lawyer,” we all know. 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; Instead of denying, admitting to or staying silent on the charges, the person who wants to exercise his or her constitutional right can only say “5. I take refuge in matter”. 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 doesn’t matter whether the person is questioned by a special prosecutor or is being tried 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, he does not see the slightest pressure or insistence because of his constitutional right.
Date and justifications of Article 5
Article 5, which is a right granted not only to American citizens but to everyone on trial in America, was passed by Congress in 1789. was done.
With the provision of Article 5 as a constitutional right, both as a witness and as a defendant; The aim is to prevent the torture of detainees, to end the pressure to express regardless of whether they are guilty or not, to prevent the social pressure applied to people whose crimes have not been proven, to prevent statements made by force or to prevent unlawfully collected evidence.
Staying silent is not the same as item 5
Although at first glance, item 5 seems like staying silent; To exercise your Article 5 right in American courts, it is not your silence to the questions asked; “5. You should say “I take refuge in matter”.
Famous examples of Article 5
In 2017, then-US President Donald Trump’s National Security Advisor Michael Flynn, regarding the Russia Investigation initiated by the Ministry of Justice He made a statement as follows: “I will not share the documents in my possession, I will not testify and I will take refuge in Article 5”.
Another famous example is Mark Fuhrman. Fuhrman, who was a detective at the Los Angeles Police Department for a time, allegedly destroyed the evidence on purpose while he was in charge of the murder of a black person. 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 had destroyed the evidence; Fuhrman would not receive an additional penalty for perjury because Fuhrman had simply exercised his constitutional right. 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:
Martin Shkreli, convicted of fraud, exercised his Article 5 right moments:
The scene in Miss Sloane where Jessica Chastain takes refuge in Article 5 as Elizabeth Sloane:
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