Constitution Torture Essay

Constitution Torture Essay-77
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.The 5th Amendment requires that a citizen cannot be accused of a serious crime without a grand jury investigation.But what is bail, exactly, and where did it come from?

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The 4th, 5th, 6th, and 8th Amendments provide much of the constitutional basis of these rights.

What rights can Americans claim if they are accused of crimes?

This intended to prevent forced or involuntary confessions under police pressure.

Although the Supreme Court had long held that involuntary confessions could not be used in federal courts, state courts did not always comply.

In general, states are allowed to pursue their own policies regarding capital punishment.

The Supreme Court did not challenge the death penalty until 1972 in Furman v. Even then, it did not judge capital punishment to be cruel and unusual punishment.

The 6th Amendment guarantees that an individual accused of a crime has the right "to have the assistance of counsel for his defense." 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. Clarence Earl Gideon could not afford counsel when he went to trial for breaking into a poolroom in Bay Harbor, Florida.

What is a person can't afford to have a lawyer for his or her defense? He was convicted and sent to prison, where he spent years researching his rights.

It also forbids double jeopardy — the act of bringing a person to trial a second time for the same crime.

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.


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