Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted This amendment states that one cannot be given excessive bail nor cruel and usual punishment. This means any form of punishment that has not been given or deem cruel by courts. The controversy is whether the death penalty is cruel. It can be seen as an eye for an eye, or trying to prevent crime. But does it work? The penal system's goal is to act as rehabilitation.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. This amendment pretty much states that juries are considered a check on federal judges. Judges can decide issue of law, move to side of equitable relief, decide how evidence is used, and turn over verdict, but juries ultimately decide guilt or innocence.
This video is a simple demonstration of how and what the seventh amendment works.
The minimum amount that a person can sue for is twenty dollars.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Right to: 1. Speedy and public trial 2. Informed of nature of case 3. witnesses must testify in public 4. Defendent can produce witnesses on behalf 5. Defendent has the right to secure council 6. Jury of peers (limited) 7. Juries are to be unbiased 8. Speedy trial must take place within reasonable time after enditment Court case: Escobado v Illinois (1964): Attorneys council up until chamber.
This video shows the law enforcement clearly informing a person of the nature of their arrest and case.
http://thedailyshow.cc.com/videos/uha0rs/the-correspondents-explain---amendments---the-6th-amendment?xrs=share_copy_email OR
http://thedailyshow.cc.com/videos/uha0rs/the-correspondents-explain---amendments---the-6th-amendment
This video is a comedy of the mistreatment and obvious violations to the sixth amendment of the Constitution.
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. This amendment states that one cannot testify against themself. One cannot incriminate himself . Due process means that government must never be unfair or unproper. They must always follow the rules and steps set down by law. The burden of proof is on government. Court Cases: 1. Miranda v Arizona (1996): extends self incrimination to initial arrest. Right to: A. Remain silent: no forced confessions B. attorney C. attorney will be provided Lochner v New York (1905): states the law could not force hours of bakery owner for employees. The owner could require a number of hours.
This video shows that even young children know the fifth amendment and the importance of it in the court of law.
This comic is a silly representation but a good example of the self incrimination part of the fifth amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This amendment guarantees the privacy of person, house, papers, and effects. This requires one (the law) to have probable cause or reasonable suspicion of a crime, a warrant by court, and the warrant being clear of all searches. Court cases: Boyd v US (1886)- Established that the fourth amendment included that people cannot be forced to hold evidence against themselves.
Weeks v US (1914)- appealing conviction, running own lottery (federal marshals did not have warrant and was over turned).
Evidence in violation of the fourth amendment cannot be used in a criminal trial.
The video gives many examples of how the fourth amendment has been violated by law enforcement recently across the nation.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. This amendment is a result of the quartering act put in place when the British soldiers could openly use a citizens house for their own purposes. This is to protect the privacy of one's home. The phrase "prescribed by law" leaves the amendment open for government to change. Not all will agree with a decision.
This comic clearly enhances the idea that citizens have the right to not quarter soldiers.
This video explains a case in which a person's third amendment right was violated by the police. This shows that this is still happening today, not just with the British soldiers.
A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed This amendment specifically states that it is the right of the people to keep and bear arms. This amendment over the years has become controversial because of the incidents in many cities across the United States. In the beginning, the framers distrusted the mercenaries and federal government. Thus, this amendment was a check or protection if you will, on government power.
This video is a great example of a public opinion of the second amendment and many laws put forth by the government, nationally and locally for "public safety" as Wiess states. http://thedailyshow.cc.com/videos/8gdmkm/on-topic---second-amendment---right-to-bear-arms This video is a comedy on the controversial issue of the second amendment.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
