Here's what I think...

Wednesday, August 18, 2010

Bill of Rights: III, IV, V and VI

The Amendments that protect individual rights (I and II were previously posted) are often particularly vulnerable to subversion and even assaults by public opinion. Guarding them is essential to maintaining a free society. It also requires constant vigilance.

III is a direct response to British actions prior to and during the Revolutionary War.
Amendment III
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.

I do not see how The Patriot Act conforms with Amendment IV.
Amendment IV
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.

Under a system in which the accused are offered advantageous plea bargains in exchange for evidence against others, justice is frequently sacrificed to expediency and high conviction rates for ambitious prosecutors.
Amendment V
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.

If the legal system is over worked, under-staffed and under-funded and those charged are pressured into making plea bargains rather than confronting the powerful represented by underpaid public defenders, how real is the guarantee of a speedy, public trial by jury? Even those who can afford private counsel often face impoverishment paying for their defense in trials that can last for weeks or even months. Prolonged trials also place a heavy burden on the citizens serving on the juries.
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 defense.

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