Presumption of innocence serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof.[15] This is often expressed in the phrase innocent until proven guilty, coined by the English lawyer Sir William Garrow (1760–1840).[16] Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime.[17] wikipedia The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.. Trial and sentencing Given their history of colonial government, most Americans wanted guarantees against the central government using the courts against state citizens. The Constitution already had individual protections, such as strictly defined treason, no ex post facto law and guaranteed habeas corpus except during riot or rebellion. Now, added protections came in five Amendments. The National Archives displays the Bill of Rights as one of the three Charters of Freedom. The original intent of these first ten Amendments was to restrict Congress from abusing its power. For example, the First Amendment – Congress shall make no law respecting an establishment of religion – was ratified by the states before all states had, of their own accord, disestablished their official churches. The Federalist Papers argued that amendments were not necessary to adopt the Constitution. But without the promise in their ratification conventions, Massachusetts, Virginia and New York could not have joined the Union as early as 1789. James Madison, true to his word, managed the proposed amendments through the new House of Representatives in its first session. The amendments that became the Bill of Rights were ten proposals of the twelve that Congress sent out to the states in 1789.[k] Later in American history, applying the Bill of Rights directly to the states developed only with the Fourteenth Amendment. Wikisource has original text related to this article: United States Bill of Rights No State shall make or enforce any law which shall abridge the privileges ... of citizens ... nor ... deprive any person of life, liberty, or property, without due process of law; nor deny ... the equal protection of the laws. The legal mechanism that courts use today to extend the Bill of Rights against the abuses of state government is called incorporation. The extent of its application is often at issue in modern jurisprudence. Generally, the Bill of Rights can be seen as the States addressing three major concerns: individual rights, federal courts and the national government’s relationships with the States. Individual rights The first Amendment defines American political community, based on individual integrity and voluntary association. Congress cannot interfere with an individual’s religion or speech. It cannot restrict a citizen’s communication with others to form community by worship, publishing, gathering together or petitioning the government. The First Amendment addresses the rights of freedom of religion (prohibiting Congress from establishing a religion and protecting the right to free exercise of religion), freedom of speech, freedom of the press, freedom of assembly, and freedom of petition. United States Bill of Rights Currently housed in the National Archives. Protecting the accused. The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a probable cause to believe a crime has been committed. Some rights to privacy have been found in this amendment and others by the Supreme Court. The Fifth Amendment forbids trial for a major crime except after indictment by a grand jury; prohibits double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as Taking the Fifth or Pleading the Fifth). This is regarded as the rights of the accused amendment, otherwise known as the Miranda rights after the Supreme Court case. It also prohibits government from taking private property for public use without just compensation, the basis of eminent domain in the United States. The Seventh Amendment assures trial by jury in civil cases. Restraining the judges. The Sixth Amendment guarantees a speedy public trial for criminal offenses. It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. It also guarantees the accused a right to know the charges against him. The Sixth Amendment has several court cases associated with it, including Powell v. Alabama, United States v. Wong Kim Ark, Gideon v. Wainwright, and Crawford v. Washington. In 1966, the Supreme Court ruled that the fifth amendment prohibition on forced self-incrimination and the sixth amendment clause on right to counsel were to be made known to all persons placed under arrest, and these clauses have become known as the Miranda rights. The Eighth Amendment forbids excessive bail or fines, and cruel and unusual punishment.
Posted on: Sat, 15 Feb 2014 03:58:56 +0000