The 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."

Anyone being prosecuted for a crime is guaranteed a fair jury, speedy trial, an attorney if they want one, and the chance to confront the witness accusing them of the crime. They have the right to find out what they are being charged with exactly and why they are being held in jail. The accused person also has the right to make anyone attend their trial if they believe that person can help with the case.

The right to a speedy trial makes sure the government doesn't detain citizens for a long period of time before their trial. Without it, possibly innocent people's lives and reputations could be ruined. Delays would also mean that witnesses could forget details and evidence could get lost or destroyed.

https://psmag.com/in-search-of-an-impartial-jury-6d9137a2bc8#.isny4f5jc

Jury selection for the case of the 2013 Boston Marathon bombing is an example of when finding an impartial jury is tough. 

The Fifth Amendment

"No person 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 offense 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."

No one can be put on trial for a serious crime, unless a grand jury decides first that there is sufficient evidence so that a trial is needed. People in the military can go to trial without a grand jury deciding first, if they committed a crime during a national emergency or a war. If someone is put on trial for a crime and the trial ends, or they serve their time, they cannot be tried again for the same crime. Also, the government does not have the power to make someone testify against him or herself. Lastly, this amendment guarantees due process, which means equal treatment for everyone through the judicial system.

In 1966, decided that whenever someone is taken into police custody, before being questioned he or she must be informed of their Fifth Amendment right not to make any self-incriminating statements. Anyone in police custody must be told these 4 things. When police officers question a suspect in custody without first giving the Miranda warning, any confession made cannot be used against the suspect in any criminal case and any evidence discovered as a result of that statement will likely be thrown out of the case.

I respect police officers and their purpose, but I think it's important for everyone to know that your right to remain silent always exists, not only once you are being detained. There will always be trickster cops out there relying on the hope that people don't know their fifth amendment rights, so don't let that be you!!!

The Fourth Amendment

"The right of the people to be secure 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."

This amendment gives people the right to be secure in their homes and protects anyone from being searched or having their things taken away for no valid reason. If the government or any law enforcement official wants to search someone's property or car, they have to get permission from a judge who also believes there is evidence of criminal behavior. 

I really liked this video because I learned more about my fourth amendment rights and it was actually fun to watch. I learned that students at public schools don't have the same protections as other citizens, because their lockers or backpacks can be searched if there is suspicion of someone bringing drugs or weapons into the school.

This is a super fun flowchart that takes you through the possibilities of your property getting searched. Fun fact: a warrant is not required if the law enforcement officer believes to have seen an emergency within the premises. It is then okay for he or she to enter/break in the premises and respond accordingly and the search will be considered legal. 

The 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 manner to be prescribed by law."

To be honest I forgot this amendment existed. I don't feel too bad because the Third Amendment has only been applied on a few occasions. The statement just means that the government cannot make people house a soldier in their home in times of peace. The Third Amendment protects the privacy of every home owner by giving them the right to stop soldiers from using their private property. 

In 2011, a family in Henderson, Nevada sued the police officers that took over their home without warrants in response to a domestic violence call made by a neighbor. This is one of the unusual occasions when the Third Amendment is used. 

http://www.reviewjournal.com/news/las-vegas/judge-police-takeover-henderson-homes-not-covered-third-amendment

This is the article that explains what became of the case. Ultimately the federal judge ruled that the family's charge is not covered by the Third Amendment. There are other constitutional violations in this case that are being looked into. The ruling allows the Mitchells to proceed with their claims that police violated the Fourth Amendment, which doesn't allow unreasonable searches and seizures, and the First Amendment, which protects freedom of speech.

"According to the lawsuit, police retaliated against the Mitchells for engaging in protected speech activities, which included photographing police conduct from inside their homes. Anthony Mitchell also made a gesture with his middle finger to one of the officers."

It is not normal for Americans to quarter soldiers anymore, so I thought this news story was an interesting example of how the Third Amendment can be (attempted to be)used in a court of law in other instances.

The 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 not be infringed."

A controlled military system, being a necessity to the security of our free country, and the right of our citizens to keep and carry weapons, will not be violated. 

 I like this cartoon because comparing the gun debate to the drug debate makes it easier to understand that outlawing guns would not stop the bad guys from obtaining and using guns. (Just like making drugs illegal would not stop the drug users from obtaining drugs). The solution to gun violence in the United States is not simple, because our problems include homicide, gang violence, and suicide. But I know that simply opposing the Second Amendment altogether is not the way to go.   

I know there are plenty of people that think Obama and/or Hillary Clinton want to take guns away from their owners. I chose this video because I believe there are constitutional ways to make it harder for dangerous people to get their hands on guns, while still respecting the rights of responsible gun owners.