Tuesday, May 7, 2013

WE THE PEOPLE -- THE BILL OF RIGHTS and LATER AMENDMENTS




"EQUAL AND EXACT JUSTICE TO ALL MEN OF WHATEVER STATE OR PERSUASION"


"INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE."
AUTHOR:  DR. MARTIN LUTHER KING, JR.



WE THE PEOPLE--THE BILL OF RIGHTS
and LATER AMENDMENTS



(Article III - Victims' Rights)







SECTION 2:  ARTICLE III- VICTIMS' RIGHTS

LILLIAN ANN MACK, PRO-SE



ARTICLE III.  VICTIMS' RIGHTS:  ATTORNEY GENERAL 
GUIDELINES FOR VICTIMS


A.  BEST EFFORTS TO ACCORD RIGHTS

42 U.S.C.  10606(A) provides that:

"Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that victims of crime are accorded the rights described [below]:"

B.  RIGHTS OF CRIME VICTIMS


A crime victim has the following rights under 42 U.S.C  10606(b):

  1. The right to be treated with fairness and with respect for the victim's dignity and privacy.
  2. The right to be reasonably protected from the accused offender.
  3. The right to be notified of court proceedings,.
  4.  The right to be present at all public court proceedings related to the offense, unless the court determines that the testimony by the victim would be materially affected if the victim heard other testimony at trial.
  5. The right to confer with [an] attorney for the Government in the case.
  6. The right to restitution
  7. The right to information about the conviction, sentencing, imprisonment, and release of the offender

SOURCE:  INTERNET - APRIL 24, 2008


Lillian Ann Mack, Pro-Se






SECTION 2:--WE THE PEOPLE--THE BILL OF RIGHTS AND LATER AMENDMENTS


WE THE PEOPLE

THE BILL OF RIGHTS


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.

SECOND AMENDMENT:  A well  regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall be infringed.

THIRD 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.


FOURTH AMENDMENT:  The right of the people to be secured 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.  

FIFTH AMENDMENT:  No persons 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 offence 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.


SIXTH AMENDMENT:  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.

SEVENTH AMENDMENT:  In suits at common law, where the value, in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.


EIGHTH AMENDMENT:  Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishment inflicted.

NINTH AMENDMENT:  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th AMENDMENT:  The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


LATER AMENDMENTS

Here is a summary of the 17 other amendments:

11th Amendment:  Makes it impossible for a citizen of one state in federal court.  Ratified in 1795.  Individuals can still sue state authorities in federal court for depriving them of their constitutional rights.

12th Amendment: Provides that the Electoral College, whose members are called "electors," vote for one person as president and one for vice president.  Ratified in 1804.  Before this amendment, electors voted two men without saying which he preferred for president,  The one with the most votes became president and the runner-up became vice president.

13th Amendment:  The abolition of slavery was ratified in 1865.  President Abraham Lincoln's Emancipation Proclamation 1863 had freed slaves in the  Confederate States, and this amendment completed the abolition in the United States.

14th Amendment:  Ratified in 1868, the amendment made former slaves citizens of both the United States and the state in which they live, forbade the states to deny equal rights to any person, and clarified how citizenship is acquired.

15th Amendment:  Made it illegal for the United States or any state to limit any one's right to vote "on account of race, color, or previous condition of servitude."  It was ratified in 1870.

16th Amendment:  Authorized Congress to levy an income tax.  Ratified 1913.  Congress had passed an income tax law in 1894 but the Supreme Court declared it unconstitutional.


17th Amendment:    Also  ratified in 1913, this provided for the direct election of senators, instead of having them chosen by state legislatures.

18th Amendment:  Forbade the production, sale and transportation of liquor.  It was widely ignored.

19th Amendment:  Giving woman the right to vote.  It was ratified in 1920.

20th Amendment:  Moved up into January the dates and the new presidents and members of Congress took office.  It was ratified in 1933.  Before this amendment, defeated members of Congress continued to hold office for four months.

21st Amendment: Repealed the 18th Amendment, prohibition, but allowed states to continue to ban alcohol, Ratified in 1933.

22nd Amendment:  Provides that no person can be elected more than twice and that no person who has served more than two years of some one's  else term can be elected more than once.  Ratified in 1951.

23rd Amendment:  Ratified in 1961.  It allows residents of the District of Columbia to vote of President but not for members of Congress.

24th Amendment:  Outlawed making voters pay a poll tax before voting in a national election.  Some states used such a tax to keep poor people and blacks from voting.  Ratified in 1964.

25th Amendment:  Provides for filling a vacancy in the vice presidency and provides that the vice president succeed a president who becomes disabled.  (This occurred in 1985 when George H.W. Bush held the office for eight hours while President Ronald Reagan underwent cancer surgery.)  It was ratified in 1967.

26th Amendment:  Ratified in 1971, it lowered the voting age to 18 from 21.