The Bill of Rights Jessica Seo, Jay Kim, and Nensi Karaj

Introduction  Made up of 10 Amendments.  Added to the Constitution.  Written by James Madison in 1789, ratified in  Congress proposed his 12 Amendments; only ten were approved.  Madison thought the Bill of Rights was unnecessary but wrote it in order to avoid revising the Constitution  Influenced by Magna Carta, Virginia Declaration of Rights, English Bill of Rights  Restrictions between the power of the government and an individual’s rights.

Amendment 4 “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.”  The 4 th amendment deals with protecting people from the searching of their homes and private property without properly executed search warrants.  This amendment only protects from illegal search and seizure by government officials, not by private citizens.  4th Amendment is important because it requires police to asking permission to invade and search your properties.

Amendment 5 “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 offence to be twice put I 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 property be taken for public use, without just compensation.”  The 5 th Amendment is know better to citizens than any other amendments from the Bill of Rights.  The right to be tried only with the process of law and the right to be paid for compensation for any property taken by the government for public use.  The Grand Jury Clause guarantees that Americans will not be charged with serious federal crimes, except for military personnel. The clause that explains this exception called Grand Jury Exception Clause, “ …, except in cases arising … War or public danger.”

Amendment 6 “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 defence.”  Gives the accused a right to know the accusations against him  A fair-timed trial with a jury  A defense lawyer if he cannot procure one  See the witnesses against him

Amendment 7 “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.”  In the 1700s twenty dollars was a lot of money. Now, for any dispute involving less than $ small claims court will handle the case without a jury.  United States law forbids anyone from setting up their own court system. If someone goes to court, they will always go to a recognized court of the government, be it a national, state, county, or city court.

Amendment 8 “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  Bail is a sum of money or property given to the court as a promise that the accused will return for their trial. If the accused fails to show up for their trial, they lose their bail.  Bail is assigned on the type of crime committed and the likelihood that the accused will return for their trial. The greater the seriousness of the crime, the higher the bail.  Bail allows time for the accused to prepare for their defense, which is hard to do while in jail.  This amendment is important because it prevents the government from punishing a criminal in some strange or unusual way.  Capital punishment or execution is still argued about today and probably always will be.

Conclusion  Added to protect a criminal’s rights but do they work?  Written by the government; room for interpretation by the government (Amendments 4 and 5)  Who decides the logistics of a trial? The government or the accused?

Bibliography  s/index.htm  amendment.html  hts#Amendments