Tuesday, November 24, 2009

Musings on the Bill Of Rights Pt 4

After a slight hiatus , I'll deal with the next in the series on the Bill of Rights , and since the next 3 amendments deal with the judicial system , I will tackle all 3 in 1 post.

Amendment VI

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.

To me , what this amendment states is that an accused person , has the right to be tried in the area he committed his crime , and has a right to be judged by a jury , and has the right to question those witnesses to the charges , and has the right to provide witnesses in their defense , as well as the right to council in their defense.It also guarantees that the accused is to be ad viced of the nature of the charges against them.

Amendment VII

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.

Basically this amendment , re affirms the right to a jury trial , and it also states that once the jury has decided , the court cannot re examine facts after its been judged by the jury, meaning the jury has precedence over the judge in deciding guilt.

Amendment VIII

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

What this means to me is that bail, fines and punishment are to be commiserate to the charge. To take an extreme here a million dollar bail or fine for jay walking would be excessive,as would a 20 yr sentence be for the same charge if found guilty.

To me these 3 amendments protect the people from an over zealous judicial system and guarantee certain rights for the accused in the hopes of fairness.

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