Friday, November 18, 2011

The Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."


This amendment brings about the idea of cruel and unusual punishment.  You can not give someone one million dollar bail for stealing a purse.  That bail or fine would be excessive to the crime.  
A few images of cruel and unusual punishment.  Although these techniques have been seen to get answers/results.  They cannot be validated because under stress people will agree to anything to get the pain to stop.  


Because someone has been sentenced to jail or prison they still have rights.  The right to be treated humanely.  

The Seventh Amendment

"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 gives the right to a trial by jury in civil suits that exceed twenty dollars.  Laughable now, but I guess it needed to be said.
You can choose to have 12 people as pictured above to hear over your case if you are suing someone for more than 20 dollars.  


In civil cases.  In civil cases.  

The Sixth Amendment

"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 defense."


All people have the right to a trial by jury.  No person shall be held for an extended period of time without just cause.  All people are able to confront their accuser, and are allowed to have an attorney.


This video puts the most basic ideals of the 6th amendment in plain english.  Everyone has the right to an attorney and you can have one provided for you.


Are you freaking Kidding me?  So how can this man have an impartial jury when one of the jurors knows the man on trial from working in the department of corrections?  So the man we have enforcing the constitution, does not fully understand the meaning of the amendments.  LOL  Our criminal justice system is a joke.

Sunday, November 6, 2011

The Fifth Amendment

The Fifth Amendment

"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 offense 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."


A person has the options to keep their mouth shut.  Yet the court order is negating the fifth amendment rights.  Are you as shocked as I am?




Why would anyone choose to remain silent if the truth will set you free?  Although you are able to tell the truth you can still be charged with a crime.  Better to keep your mouth shut.

The Fourth Amendment

The Fourth 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."


Unfortunately many people don't fully understand the 4th Amendment.  Government officials are able to enter you property depending on the circumstance without a warrant if there are preceived circumstances are the totality of the circumstance.  Back off man.




I don't consent to searches.  The Supreme Court has said it is the people's burden to know their rights.  Voluntary consent is everything.