THE BILL OF RIGHTSTHE BILL OF RIGHTS(Part II: Legal & Political (Part II: Legal & Political

Rights)Rights)

The Basic QuestionThe Basic Question

What rights are we entitled What rights are we entitled to if we are subject to legal to if we are subject to legal proceedings?proceedings?

LEGAL AND LEGAL AND POLITICAL RIGHTS POLITICAL RIGHTS UNDER ARTICLE III UNDER ARTICLE III

Article III, Section 1Article III, Section 1The right to The right to due process due process of lawof law

The right to The right to equality equality under the lawunder the law

Article III, Section 2Article III, Section 2Protection against Protection against unwarranted searches unwarranted searches and and arrestsarrests

Basis of warrants: Basis of warrants: probable probable causecause

Warrants must always be Warrants must always be specificspecific

Article III, Section 11Article III, Section 11

Speaks of the right to have Speaks of the right to have recourserecourse to the to the judicial judicial systemsystem

Enshrines the right to Enshrines the right to equality under the law equality under the law

Article III, Section 16Article III, Section 16

The right to a The right to a speedy trialspeedy trial

““Justice delayed is justice Justice delayed is justice denied”denied”

Article III, Section 18Article III, Section 18

Freedom from Freedom from political political persecutionpersecution

Freedom from Freedom from forced labor forced labor unless as punishment unless as punishment arising from a convictionarising from a conviction

Article III, Section 12Article III, Section 12““Miranda rightsMiranda rights””

Permissible use of Permissible use of police powerpolice power

Admissible Admissible confessionsconfessions

The right to The right to redressredress in the event in the event of a violation of these rightsof a violation of these rights

Article III, Section 13Article III, Section 13

Right to Right to bailbail– Extends to Extends to all crimesall crimes that do that do not not

constitute a constitute a capital offense capital offense or or merit merit life sentenceslife sentences (i.e. 40 (i.e. 40 years)years)

– Bail should always be Bail should always be reasonablereasonable

Article III, Section 14Article III, Section 14Right to Right to due process of lawdue process of law in in criminal casescriminal cases

““Innocent until proven guiltyInnocent until proven guilty””

The right to The right to confront one’s confront one’s accusersaccusers

Basis for trials Basis for trials in absentiain absentia

Article III, Section 14Article III, Section 14CriteriaCriteria for determining for determining guiltguilt::

ConfessionConfession

Prima faciePrima facie evidence evidence

““Reasonable doubt”Reasonable doubt”

Article III, Section 17Article III, Section 17Right against Right against self-incriminationself-incrimination

Affirms the right of the accused Affirms the right of the accused to “to “remain silentremain silent””

““Taking the fifthTaking the fifth””

Article III, Section 15Article III, Section 15Writ of Writ of habeas corpushabeas corpus– An order demanding to An order demanding to produce produce

the body the body of a detained prisonerof a detained prisoner– Similarly demands that Similarly demands that sufficient sufficient

causecause be shown for keeping the be shown for keeping the individual in custodyindividual in custody

Limitations Limitations of the writof the writ– Rebellion or invasionRebellion or invasion

Article III, Section 19Article III, Section 19

Right against Right against excessive excessive finesfines

Right to Right to reasonable and reasonable and humanehumane punishment punishment

Article III, Section 21Article III, Section 21Principle of Principle of Double JeopardyDouble Jeopardy– A person tried for an offense A person tried for an offense

cannot be tried/punished for cannot be tried/punished for that same offense when that same offense when judgment has been passedjudgment has been passed

– Protects against undue Protects against undue persecution under the lawpersecution under the law

Article III, Section 20Article III, Section 20Freedom from Freedom from debtor’s debtor’s prisonsprisons– Ensures one is not punished Ensures one is not punished

due to povertydue to poverty– State power should not be used State power should not be used

to coerce payment of debtsto coerce payment of debts

Poll TaxPoll Tax– a fixed, a fixed, residence taxresidence tax

Article III, Section 22Article III, Section 22Protection from Protection from retroactive retroactive lawslaws

““Ex post factoEx post facto”” = “Arising after = “Arising after the fact” the fact”

Bill of AttainderBill of Attainder

– legislative act that inflicts legislative act that inflicts punishment without a trialpunishment without a trial

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