Source or Originator: Magna Carta
Arguement against: Allows guilty men to get away.
CourtCase/why?: The case of Jack Mcall. Killed a man on indian territory, tried both there(where he was found innocent) and in american territory(where he was found guilty and killed). Double jeopardy? No. Because Deadwood, the indian territory, was not technically in america even if the impromptu trial was held by Americans. (Bad example, I know.
Harry Aleman vs. Judges of the Criminal Division. Double jeopardy does not prevent a new trial if the first trial was somehow tainted. (In this case, bribery)
contemporary: It still leaves room for criminals to get away. (I know you did it, O.J.)
Right: Self-incrimination.
Source or Generator: "The Humble Petition of Many Thousands" 1647
Arguement against: Criminal could be the only witness
Court case:Miranda V. Arizona (He didn't know he had the right to remain silent and incriminated himself)
Contemporary: The fifth amendment sometimes freezes court cases.
This is a lot. I ran out those bill of rights papers...
ReplyDeleteUh oh. I'd put it on a separate sheet of paper.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteI found an extra, I made copies so if anybody needs extra I'll send you it by email andyou can print it out.
ReplyDeletedouble jeapordy is a bit different. if a person serves time for killing someone and they werent the killer. when they get out of jail, if they kill the person the were accused of killing before they cannot be tried and serve time for it again.
ReplyDeleteBut you also can't be tried twice for the same crime.
ReplyDeleteOK sorry i dont knoe how to post a blog so here it is
ReplyDeleteAMENDMENT 1 #4
Right: right of the people to peacably assemble.
source: the freedom of association clause
Argument Against: protest demonstrations
Court Case/ Why? Cox vs. Louisiana 1964-1965
contemporary/why? Many strikes have been taking place, and one example is the bart system right now. They have been protesting for more money and a lot have lost their jobs over it.
Amendment 1 #5
Right Right to petition the government for the redress of grievances
source: magna carta
Argument: freedom of assembly, speech, and race discrimination.
court case: Edwards vs. South Carolina 1962-1963
contemporary: there are no cases as of right now on this type of right.