Our Rights
Americans did not invent human rights. In a very real sense human rights invented America. That most Amendments have their own equality. The Amendments of the Constitution show equality by proving guilty. The Amendment that i picked was the First Amendment that achieve equality but others might not think the First Amendment isn’t. Based on the Constitution, it is possible for individuals in society to achieve equality because the I First, IV Fourth,VI Sixth and VIII Eighth Amendments give citizens of the United States freedoms that were not originally given in the Constitution. The First Amendment achieve equality because it allows people to speak their rights. Amendment I states, “Congress shall make no law respecting an establishment
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This means Congress will make no laws about religion or not allowing the ability to practice religion, limiting the ability to speak freely, having the ability to inform the public about the news, assemble peacefully to protest, or question the Government about unfair practices. The First Amendment does allow for equality because it allows people to speech for their rights. Amendment IV states, “The right of the people to be secure in their persons, house, papers, and effects , against unreasonable searches and seizures, shall not be violated, and and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. This means the right of the people to have protection for their bodies, house, or belongings against unreasonable searches and the taking of their belongings will not be violated. No warrants will be issued unless probable cause and supporting evidence or witnesses are provided describing where and who is to be searched or what is to be seized. Amendment Fourth does allow for equality because the government or law enforcement need a search warrant to search …show more content…
This means in all cases, the accused person will enjoy the right to a quick and public trial by an unbiased judge of the state and county where the crime was committed. The county will be determined by law enforcement and the accused person has the right to be hold what they are accused of and able to confront witnesses against him/her as well as have the ability to call his/her own witnesses. The accused person has the right to have a lawyer to define him/her. The sixth Amendment does allow for equality because it allows a public trial without unnecessary delay, the right to a lawyer. The VII Amendment states, “Excessive bail shall not be required, nor cruel and unusual punishment inflicted. This means a large amount of bail will not be required to leave jail or a large amount of fines imposed on people who are guilty, or cruel punishment used on people who are in jail. Amendment Eighth does allow for equality because it prohibits cruel and unusual punishments, but also mentions “excessive
The Sixth Amendment provides that “In all criminal prosecutions, the accused shall enjoy the right to a(n) speedy and public trial, by an impartial jury.
The Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. The U.S. Supreme Court has identified
Today, any disputes that involve amounts less than $75000 will not be handled in a federal court. The eighth admindment " excessive bail shall not be required Nor excessive fines imposed nor cruel unusuall punishments inflicted. "This amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase “cruel and unusual punishments” first appeared in the Bill of Rights.
The Eighth Amendment, ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. This clause created was so that the government cannot take a lot of your money away. The Excessive bail means that courts can’t give a tremendous amount of bond to a person who has broken the law. This clause created so that the judge and jury cannot already make their decision before the case even begins. This is why the saying “an accused is presumed innocent until found guilty” is established.
America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.
The Sixth Amendment ensures many rights intended to make criminal arraignments more precise, reasonable, and honest. However, the establishments of American criminal equity have changed a notable amount over the past many centuries, driving courts to consider how old rights apply to new organizations and methods.
The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of
There were a lot of struggles for equal rights in America, and we have come a long way. In the past, slaves and women of our country were not given very many rights. Slavery was officially abolished in 1865, due to the thirteenth amendment.. Since this amendment, there has still been numerous racial issues, but people are willing to stand up strongly for what they believe in. Adding the nineteenth amendment also brought Americans a sense of equality, because if allowed women the right to vote. Women had been fighting for their rights since our country began for their equality. Along with these movements, there have been several including equality of gender, race, and religious beliefs. To this day, America is still taking steps to insure all people have equal rights. Recently, in 2010 our country passed the Equality Act which prohibits discrimination of those undergoing gender reassignment. Equality between people does not necessarily mean having the same opinions, but having the same opportunities. Throughout history America has provided equality to all issues brought up, which gives us hope that we will continue to live in a country where freedom is most definitely
The 8th amendment says that excessive bail shall not be required, or excessive fines, or cruel and unusual punishment.
In an ordered society, justice is necessary for everyone must be treated fairly. Regardless of a bad action or crime a person commits, they must receive a fair trial. Within the Bill of Rights of the United States Constitution, the sixth amendment states that one has a right to a speedy, public, and impartial trial by jury. Within The Eumenides, Athene is the voice
The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense. The excessive bail phrase limits legal judgment in setting bail for the discharge of persons indicted of an illegal action during the time following their capture but prior to their trial.
In this paragraph, it will tell you about how amendment I and II achieve equality. Amendment one states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.” This means congress will not make any laws about religion or not allowing the ability to practice religion, limiting the ability to speak freely, having the ability to inform the public about the news, assemble peacefully to protest, or question the Government about unfair practices. The first Amendment does allow for equality because it allows
The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states “equality of rights under the law should not be denied by the U.S on the account of one's sex.” Section two says that “congress has the power to enforce this law.” Last but not least, section three says the amendment will take effect two years after ratification.
As we come into President's Trump second month in office some new policies seem to be possibly coming into effect, totally going against what the president was promising during his presidential campaign. While in the running to become our 45th president Donald Trump promised the citizens of the United States that he would protect and honor the rights of the LGBTQ community. Not really stating whether he would keep all of Obama's policies in affect but more as just making a promise to protect them. Now when the word “protect” is used it would be assumed that the person making the claim would do everything in their power to make sure no discrimination is being done. That all would be seen as equals and have all the same rights as other. Right?