United States Constitution

Most people know how important the Constitution is to our Civil Rights and Liberties, but very few know the true authority that provides such Rights and Liberties.

Article III

First, Article III, probably the LEAST cited, is arguably the most important. You see, Article III sets up the Judiciary Branch of the US Government. It gives you the right to a JURY TRIAL when charged with a crime. The Framers didn’t wait 4 years to enact this clause, like the other rights contained in the first 10 Amendments (commonly referred to as the Bill of Rights). Trial by jury had roots back to the British Magna Carta in 1215 and beyond. Before 1215, people were being found guilty based on Trial By Ordeal! Once the Church stopped this practice, a practical method of determining guilt or innocence was necessary. Of course, a trial of one’s peers back then meant a nobleman or baron was entitled to be brought before other noblemen/barons for their trial. Regular people had no such consideration. But over time, since then, this so-called Right of Nobility has been extended, mostly here in the United States, to include EVERYONE charged with a crime, no matter their wealth, race, citizenship, or ownership of property.

First Amendment

The First Amendment has more application to the Criminal Law than many people give it credit for. The reason the police cannot arrest you simply for criticizing them? The First Amendment. The reason the government can’t put you in jail for praying to the wrong God? The First Amendment. The reason you can publish anti-government rhetoric without fear of imprisonment? The First Amendment.

Second Amendment

The Second Amendment gives you the right to own a gun. Plain and Simple. There are many government officials who would love the opportunity to take that right from you. Of course, a certain amount of regulation is necessary for the best interests of society. Most people agree that an atom bomb should not be available for purchase. And there are some people who it is recognized that they who should not own guns. Small children is an obvious example. Beyond the obviousness though, it gets tricky of course. Felons? Spousal Abusers? Anyone who has a restraining order filed against them? That line is drawn by legislatures and blurred by courts often.

Fourth Amendment

The Fourth Amendment is the subject of more Criminal Procedural Law than any other single source. And all it does is keep us free from unreasonable searches and seizures. Does it do that or not?

Fifth Amendment

The Fifth Amendment gives us the concepts Double Jeopardy, Self-Incrimination, and Due Process. The violation of these rights may lead to exclusion of evidence or dismissal of charges.

Sixth Amendment

The Sixth Amendment revisits the concept of Jury Trial previously mentioned in Article III. It adds Speedy Trial, Public Trial, Confrontation of Witnesses, Subpoena Power, and last but definitely not least, (as written) “ASSISTANCE OF COUNSEL FOR HIS DEFENCE.” The violation of these rights can lead to a REVERSAL of any conviction. Assistance of Counsel is surely the most Sacred of these rights. But here, like so many other of your rights: “Use it or lose it.” If you don’t assert your rights, you will be taken advantage at every step.

Eighth Amendment

The Eighth Amendment prohibits both Excessive Bail and Cruel and Unusual Punishment.

Fourteenth Amendment

The Fourteenth Amendment brings it all together to the states. All the above rights are Federal Constitutional Rights which protect individuals against the excesses of the Federal or United States Government. So what about the States? Can they do whatever they wish? Deny you a lawyer, force you to talk, search you without reason? ABSOLUTELY NOT. The Fourteenth Amendment forces the States to follow the same rules, AT LEAST, as the Federal Government. If they choose to provide more rights to their citizens, they may. For example, The Free Speech Provision of the First Amendment of the United States Constitution applies to public action. The Free Speech Provision of the California Constitution is not so limited, and can apply to private settings.