Articles of Colonization: Difference between revisions

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==Article 23==
==Article 23==
Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how [[Aaron Doral]] got aboard ''[[Galactica]]'' and accessed the munitions stores ([[Litmus]]).
Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how [[Aaron Doral]] got aboard ''[[Galactica]]'' and accessed the munitions stores. It is legally permissible for a prosecutor to use an invocation of the 23rd Article as evidence of guilt ([[Litmus]]).


:''This is similar to the rights protected by the [[Wikipedia:Fifth_Amendment_to_the_United_States_Constitution#Self-incrimination|self-incrimination clause]] of the 5th Amendment to the U.S. Constitution.''
:''This is similar to the rights protected by the [[Wikipedia:Fifth_Amendment_to_the_United_States_Constitution#Self-incrimination|self-incrimination clause]] of the 5th Amendment to the U.S. Constitution. In contrast with Article 23, it is prohibited to use a refusal to testify under the 5th Amendment to infer guilt.''


==Other Articles==
==Other Articles==

Revision as of 02:51, 10 March 2008

Signed 52 years before the events that ultimately destroy almost all humanity, the Articles of Colonization[1] formed the united government of the Twelve Colonies of Kobol.

This event was apparently in response to the Cylon War to unite against a common enemy [2]. Before the Articles, each colony appeared to behave more as a sovereign nation, and there was open fighting between the colonies.

The anniversary of the signing of the Articles is the Colonial Day holiday (Colonial Day).

Article 21[edit]

Chief Tyrol invokes the 21st Article of Colonization while being interrogated by Colonel Tigh after being rescued from Kobol (Resistance).

Under the U.S. Constitution, a number of Tyrol's constitutionally protected civil liberties were being violated, among them
Article 21 could conceivably provide protection to any number of these.

Article 23[edit]

Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how Aaron Doral got aboard Galactica and accessed the munitions stores. It is legally permissible for a prosecutor to use an invocation of the 23rd Article as evidence of guilt (Litmus).

This is similar to the rights protected by the self-incrimination clause of the 5th Amendment to the U.S. Constitution. In contrast with Article 23, it is prohibited to use a refusal to testify under the 5th Amendment to infer guilt.

Other Articles[edit]

Although the above details the only named articles mentioned in the Re-imagined Series, there are further hints as to protected rights included.

The right to a trial with representation before a jury seems to be guaranteed. When disapproving of the decision of then-President Tom Zarek to form the Circle, a form of war crimes tribunal, Laura Roslin states that everyone has the right to a trial before a jury of one's peers. In a separate statement Roslin refers to the right to representation at a trial (Collaborators). The right to a jury trial is also claimed by Gaius Baltar (Taking a Break From All Your Worries). Whether these are two separate rights quoted from the Articles or just natural extensions of a more general right to a fair trial as in the sixth Amendment to the U.S. Constitution is unknown.

Baltar's shows other levels of jurisprudence. In Baltar's trial, a five-member tribunal is used as judge and jury. Numerous legal maneuvers are parallels to modern American practices (Crossroads, Part I & II).

See Also[edit]

References[edit]

  1. The Articles of Colonization are the Colonial equivalent to the American Articles of Confederation (the predecessor to the US Constitution), U.N. Charter and Universal Declaration of Human Rights.
  2. Source: Ron D. Moore's official blog, April 11, 2005.