Wednesday, February 10, 2010
I'm baaaAAAaaack
After a bit of an absence, I've decided that I should attempt to do this again. (Not that anyone really reads this, but hey . . . ) I'm not abandoning my US Constitution review, but will possibly be addressing things out of order. If you actually read this and have some requests, please feel free to comment on this post and I'll see what I can do for you. Look for more soon.
Thursday, January 22, 2009
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."
How many times have you heard, "I plead the fifth," spoken by someone . . . anyone? Do you think they really knew what it meant? Did you really know what it meant? Well, now you might learn a little something. There's more than the "self incriminating" piece.
The first portion discusses capital and "otherwise infamous" crimes which is simply a reference to infractions which are known as felonies. The Grand Jury decides if there is enough evidence to try a person for the alleged crime. If found that there is, then the person will be put on trial for the offense. The exception to this rule ( isn't there always one? ) is the military forces. Service Members are held accountable by the Uniform Code of Military Justice (UCMJ). They can also be processed by the civilian law as well . . . more on that later.
The next part of this amendment is known as the "Double Jeopardy" clause. If you are found innocent of a crime, you may not be tried again for the same crime. As I mentioned previously, Service Members are not always protected as such.
Then comes the most well-known portion. During any part of judicial process, you do not have to make any statements which could prove you guilty. Some take this so far as to say to not answer any questions from the police during the investigation. You never know how a minor misstatement on your part could lead to a conviction.
Next we have the wonderful phrase of "due process" which has remained quite well undefined. Thankfully we have other amendments to help define this. For example: jury of peers, burden of proof, etc.
Finally, we come to a part which many people love. (Please read the sarcasm I intend there.) The taking of private property has been a matter of much debate. When the government decides to expand a highway and your property is involved, the government is to pay you for your loss. Of course, what the government thinks is a fair price might not be what that individual feels is a fair price. Plus, it's not the governments land. And what's to stop them from taking more and more?
I hope this have given you a little insight on the fifth amendment. As with all of these blurbs, it is not an all encompassing essay, but hopefully something to stir your brain into doing some thinking and some further research.
How many times have you heard, "I plead the fifth," spoken by someone . . . anyone? Do you think they really knew what it meant? Did you really know what it meant? Well, now you might learn a little something. There's more than the "self incriminating" piece.
The first portion discusses capital and "otherwise infamous" crimes which is simply a reference to infractions which are known as felonies. The Grand Jury decides if there is enough evidence to try a person for the alleged crime. If found that there is, then the person will be put on trial for the offense. The exception to this rule ( isn't there always one? ) is the military forces. Service Members are held accountable by the Uniform Code of Military Justice (UCMJ). They can also be processed by the civilian law as well . . . more on that later.
The next part of this amendment is known as the "Double Jeopardy" clause. If you are found innocent of a crime, you may not be tried again for the same crime. As I mentioned previously, Service Members are not always protected as such.
Then comes the most well-known portion. During any part of judicial process, you do not have to make any statements which could prove you guilty. Some take this so far as to say to not answer any questions from the police during the investigation. You never know how a minor misstatement on your part could lead to a conviction.
Next we have the wonderful phrase of "due process" which has remained quite well undefined. Thankfully we have other amendments to help define this. For example: jury of peers, burden of proof, etc.
Finally, we come to a part which many people love. (Please read the sarcasm I intend there.) The taking of private property has been a matter of much debate. When the government decides to expand a highway and your property is involved, the government is to pay you for your loss. Of course, what the government thinks is a fair price might not be what that individual feels is a fair price. Plus, it's not the governments land. And what's to stop them from taking more and more?
I hope this have given you a little insight on the fifth amendment. As with all of these blurbs, it is not an all encompassing essay, but hopefully something to stir your brain into doing some thinking and some further research.
Wednesday, December 24, 2008
The Fourth Amedment
"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."
A very important amendment usually referenced when discussing privacy. While the government may collect information about the citizens which is necessary for it to function and protect the union, it may not obtain any of it via illegal methods. In order to gather additional information and evidence, they must have a reason and obtain a warrant.
Quite recently, there was a big hubbub concerning "wire tapping" procedures used for counter-terrorism. The government was simply data mining. They used the phone records of suspects already being investigated to find commonalities. Once that was determined, a warrant was obtained to perform the actual wire tapping for further investigation.
As long as we citizens do not turn over too much power to our government, this will not be much of a concern of mine. The increase in social programs (i.e. health care, corporate bailouts, public schools, etc.) is how we are losing our power as citizens. Too many citizens vote without knowledge and do not use their voice to keep government in check. Protect your privacy: become an informed and active participant in your government.
A very important amendment usually referenced when discussing privacy. While the government may collect information about the citizens which is necessary for it to function and protect the union, it may not obtain any of it via illegal methods. In order to gather additional information and evidence, they must have a reason and obtain a warrant.
Quite recently, there was a big hubbub concerning "wire tapping" procedures used for counter-terrorism. The government was simply data mining. They used the phone records of suspects already being investigated to find commonalities. Once that was determined, a warrant was obtained to perform the actual wire tapping for further investigation.
As long as we citizens do not turn over too much power to our government, this will not be much of a concern of mine. The increase in social programs (i.e. health care, corporate bailouts, public schools, etc.) is how we are losing our power as citizens. Too many citizens vote without knowledge and do not use their voice to keep government in check. Protect your privacy: become an informed and active participant in your government.
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