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Bill of Rights

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TaisaNacole Smith

on 23 January 2014

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Transcript of Bill of Rights

V Rights in Criminal Cases
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Taisa N. Smith
II Right to Keep and Bear Arms
Why was it made?
To escape oppressive totalitarian government .
What it means?
Miranda rights (Miranda vs Arizona 1966)
Constitutional rights outlined in the Miranda Warning

Now days, people demand Miranda rights and they won’t give them up.

People use the fifth amendment to hide the truth as well.

defendants must be informed of their rights to an attorney and against self-incrimination prior to interrogation by police (Miranda vs Arizona 1966).
It means that rights not listed on the bill of rights can be used. they do not have to be listed but ha to be proven real and effective.
Modern Use
Most cases in modern times, the ninth amendment is used for things like....
-Gay Rights
-Right to marry
- rights to use
IX Non-Enumerated Rights
"The enumeration in the constitution, of certain rights, Shall not be construed to deny or disparage others retained by the people."
1. First Amendment
"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 a redress of grievances."
by: Taisa N. Smith, David
Racinowski, Sammi Smith,
Kyleigh Whittum

What does it mean today?
The right to own a firearm but you have to have a license. You have to prove is as self-defense or they planned to do bodily harm of some type.
"To be Free, One Must be Chained"
In order for them to really understand what freedom was, they needed the amendments to help guide them; not rule them.

Chaos would erupt if a few guidelines were not established. People would have to watch out for others and things they might do.

This is what it means. You must have some chains in order to be free. The amendments provide this.
Miranda Case
Miranda was not informed of his rights prior to the police interrogation. He confessed after he was interrogated which was used for the prosecution’s case. Miranda was convicted and sentenced to 20 to 30 years. He appealed to the Arizona Supreme Court, but they disagreed that his rights were violated. After appealing to the U. S. Supreme Court, they ruled that the prosecution could not use his confession for failure of alerting Miranda of his rights.
Rights In Criminal Cases-Amendment V.
Why was was made?
The fifth amendment was made to protect the rights of the accused.

It was to help protect individual freedoms from being hurt by the government.

The Amendment made sure that no one was to be questioned by the capital, unless the Grand Jury was present.
Why was the First Amendment written?
The first amendment was written at America's inception because citizens demanded a guarantee of their basic freedoms.
What does it mean?
The first amendment stands for freedom. It protects the rights of 5 freedoms, speech, religion, press, assembly, & petition.
What does it means?
We have the right to carry a fire arm to protect ourselves from harm.
3RD Amendment
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.
Why the amendment was created
The amendment was created in response to the Quartering Act of the British Parliament, which was part of the Intolerable Acts in 1765.

Marianne E. Engblom VS Charles E. Palmer
NY correctional officers went on strike and the National Guard replaced them temporarily. Strikers were evicted from company housing which was used by the National Guard. The case rested on the definition of tenancy of a home. Since ultimately the owner were the state, the soldiers could be house there.
Why it was made?
-To many to list
-Not enough space for all
-Way to use all rights but not have them all listed
No person shall be held in custody without say by judge
except for persons in the military

No double jeopardy (person shall not be prosecuted twice for the same offense)

Cannot be a witness against himself ("I plead the fifth")

Life, liberty, or property can not be taken away for public use without compensation or due process of law
Jared’s life, property, or freedom cannot be taken away without the government
following certain steps that give him fairness.

The government cannot take away a Jared’s property for public use without somehow paying him back for it.

Life, Liberty, Property

Mark talked to policemen.

The policemen can not use what Mark said against him in trial.

His words are of no use unless he waived his rights.

No Self Incrimination

Carla had a trial for robbery

She can not go on trial for that crime again

No Double Jeopardy

Tony is in the Military.

He can be held without say by judge
in crimes during war

Except for Military

Bob is being held as a suspect for a crime.
Judge says good evidence. Stay.
Judge says no evidence. Leave.

Holding without say by judge

Modern use of the Amendment
The Third amendment is not used often in modern timed, due to the fact that there is no fear of soldier invading your home. But there are instances where the 3rd amendment was violated
The Amendment refers to soldier not any type of local law enforcement.
Why did I pick this one?
I never understood why anyone would need a gun. Now that I'm older and in this class did I understand. Growing up my mother always told me the world was "cold". Then I was 10, now I'm 16 and bearing arms with a permit will keep not only my family and myself but everyone in the world.
Full transcript