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Limitations to freedom of speech
Limitations to freedom of speech
Limitations to freedom of speech
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The constitution of the United States of America contains the amendments that give American citizens their everyday rights and privileges. “Within the first eight amendments of the Bill of Rights, there are 25 specific liberties and protections for individuals. Of those 25 protections, fifteen relate directly to the criminal process.” This information comes from sixthamendment.org. These amendments include things like: freedom of speech, the right to a speedy and fair trail, the right to a grand jury and right to a fair trial in cases of criminal trials, and the right to bail. In this essay we will discuss only the Fifth, Sixth and Eighth amendment and how it protects the citizens of the United States. The Fifth amendment which was passed by Congress on September 25, 1789 and was ratified on December 15, 1791 states that “providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.” This means that the defendant does not have to testify why he or she is guilty or not guilty. This amendment also protects against double jeopardy. Double jeopardy is the prosecution of a person twice …show more content…
for the same offense. According to Cornell University “The Fifth Amendment specifically guarantees the right to a grand jury and right to a fair trial in cases of criminal trials. In addition to those explicit guarantees, the Fifth Amendment provides other protective measures in matters involving criminal and civil proceedings.” The Sixth amendment of the constitution which was passed by Congress on September 25, 1789 and was ratified on December 15, 1791 states “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.” This helps protect the citizens of the United States by allowing the person charged with the crime in question to not sit in jail for months or years without knowing what he or she has actually been arrested and are being detained for. This also states that there will be an impartial jury made up of people who have no relation to the cases or any persons involved. That the trail will be held in the city or town that the crime was committed and that the judge will inform the defendant and the courtroom of all the charges being brought against him or her. The final amendment to be discussed is the Eighth.
The Eighth amendment which was passed by Congress on September 25, 1789 and was ratified on December 15, 1791 states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This helps protect citizens by not allowing the judge to assign the defendant an excessive bail without knowing whether he or she is guilty of the crime in question. The second part states that there shall be no cruel or unusual punishment although it has not really been determined what is cruel and what is not. Things like branding, strangulation, being locked in stocks or burned where still means of punishment when the Eighth amendment was
written. In conclusion, the amendments that make up the constitution were written to provide rights and privileges to the American people. These amendments, that make up the Bill of Rights, has provided much help and leniency to those accused of crimes in the United States of American.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
The Self-Incrimination Clause of the Fifth-Amendment to many American citizens and law makers is considered abstract. The complexity of this concept can easily be traced back to its beginning in which it lacked an easily identifiable principle. Since its commencement in 1789 the United States Judicial system has had a hard time interpreting and translating this vague amendment. In many cases the courts have gone out of their way to protect the freedoms of the accused. The use of three major Supreme Court disputes will show the lengths these Justices have gone through, in order to preserve the rights and civil liberties of three criminals, who were accused of heinous crimes and in some cases were supposed to face up to a lifetime in federal prison.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
The eighth amendment was passed by congress on September 25, 1789. Back in ratified in 1791 as part of the Bill of Rights to protect individual freedoms from being infringed upon by the government. The language of the amendment has been traced back to the year 1215. In that year, the British drafted what is known as the Magna Carta of 1215. Within the Magna Carta came up the idea that “punishments ought to fit the crime.” With that, the provision in the eighth amendment directly states that there is protection from any cruel or unusual punishment. “Passed by Congress September 25, 1789. Ratified December 15, 1791.” This amendment, which was modeled closely after the English Bill of Rights of 1689
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
A significant aspect of the eighth amendment to the United States Constitution is that the infliction of cruel and unusual punishments is prohibited. However, interpretations of the definition of what a cruel and unusual punishment consists of have become extremely ambiguous. For example, many argue that the death penalty is unconstitutional because it is cruel to take another person’s life willingly; however, others argue that it is acceptable if it is done in a controlled and humane manner. Over the course of the United States history, punishments have ranged from public whippings
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
What does freedom really mean? Many people today are aware that they have a right to freedom, but do not know what that really means. Religion, speech, press, assembly and petition are the five freedoms that the First Amendment specifically speaks about. Let’s take a look at the definition of each of the five freedoms, what the government says about our freedom, how it is acted out and portrayed in America, and a few case studies involving the different aspects of the First Amendment.
The Fifth Amendment’s second procedural protection is the Double Jeopardy clause. (Cassell and Stith). The clause states: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” (Cassell and Stith) The clause is simple to understand; prohibit the government from forcing a person to undergo repeated trials for the same crime. This is the clauses core purpose. Justice Black explained in an oft-quoted passage in Green v. United States (1957) “[t]he underlying idea… is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offence…” (Cassell and Stith). As stated before the clause is simple to understand, but a complex
Logically, bail is usually not set for an amount greater than the maximum monetary sentence for the crime with which the defendant is being charged.(Draper 80) The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. The stand for “cruel and unusual” fluctuates, because it all is dependent upon social issues, standards, and personal beliefs. However, there are many generalizations that remain very clear, no matter what the situation. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain”. Punishments that have been declared entirely unconstitutional without question by the US Supreme Court include torture and loss of citizenship.