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Bill of Rights

Due by Monday, 28.

Grease Fuentes

on 31 January 2013

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Transcript of Bill of Rights

Privilege of the Writ of
Habeas Corpus "The privilege of the writ of habeas
corpus shall not be suspended except
in cases of invasion or rebellion when
the public safety requires it." "Any person under custodial investigation for
the commission of an offense shall have the
right to be informed of his right to remain silent
and to have a competent and independent
counsel preferably of his own choice. If the
person cannot afford the services of
counsel, he must be provided
with one..." Rights of Person Under
Custodial Investigation Right to Bail "All persons, except those punishable by
reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended..." Rights of the Accused "No person shall be held to answer for
criminal offense without due process
of law. In all criminal prosecutions, the
accused shall be presumed innocent
until the contrary is proved." BILL OF RIGHTS "Free access to the courts and
quasi-judicial bodies and adequate
legal assistance shall not be denied
to any person be reason of poverty." Right to Form Union
"The right of the people, including those
employed in the public and private sectors, to
form unions, association, or societies for
purposes not contrary to law shall not be
abridged." Union : An alliance or combination of two or more nations, parties, or persons, for the accomplishment of a purpose which requires a continued course of action; to join in a league; to cause to combine for a joint purpose. Section 8, Article III Right to Just Compensation Section 9, Article III "Private property shall not be
taken for public use without
just compensation." Just Compensation: The full monetary equivalent of the property taken;
it also refers to the money paid by the government
to use a private property to public. If the amount given
is not sufficient, the owner may seek trial to get
the correct deserved amount. Section 10, Article III "No law impairing of
obligation of contracts shall
be passed." Non-Impairment
Clause Contract: A written or spoken agreement, one concerning
employment, sales, or tenancy, that is intended
to be enforceable by law. Free Access to
Courts Section 11, Article III Quasi-judicial bodies: An individual or organization which has
powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization. Section 12, Article III Right to remain silent: the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. Section 13, Article III Habeas corpus: Is a writ which requires a person under arrest to be
brought before a judge or into court. This ensures
that a prisoner can be released from unlawful
detention—that is, detention lacking sufficient
cause or evidence. Section 14, Article III Due process: A fundamental, constitutional guarantee that all
legal proceedings will be fair and that one will be
given notice of the proceedings and an opportunity
to be heard before the government acts to take away
one's life, liberty, or property. Requires: opportunity to be heard
due notice of hearing
fair conduct of hearing
support in record for decision
submission of proposed findings and tentative report
opportunity to file and to be heard upon exceptions to the report Section 15, Article III A writ of habeas corpus is used to bring a
prisoner or detainee before the court to
determine if the person's imprisonment or
detention is lawful. The writ is used to determine
if a state's detention of a prisoner is valid.
Usually, reviews the legality of the party’s arrest,
imprisonment, or detention. Right to
Speedy Trial Section 16, Article III "All persons shall have the right to
a speedy disposition of their cases
before all judicial, quasi-judicial,
or administrative bodies." Justice delayed is justice denied. Right Against
Self-Incrimination Section 17, Article III "No person shall be compelled to
be a witness against himself.
A person under custodial
investigation has the right to remain silent." Miranda Rights requires that... any person under custodial investigation has the right to remain silent
anything he says can and will be used against him in a court of law
he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned
if he cannot afford an attorney, one will be provided one Miranda Rights "You have the right to remain silent.
Anything you say can and will be used against
you in a court of law. You have the right to
speak to an attorney. If you cannot afford
an attorney, one will be appointed for you." The Constitution prohibits the
prosecution and the court from
compelling the accused to be a
witness against himself.
Full transcript