Bill of Rights Essay Example | Topics and Well Written Essays - 1000 words

Bill of Rights - Essay Example I. Freedom of religion, speech or of the press; or peaceful assembly; right to seek redressal of grievances from government. II. Freedom to keep and bear arms. III. No house should be occupied by a soldier except with permission of owner. IV. People should be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures; warrants should be reasonable and issued upon probable cause and describe the person, place, papers and effects being seized. V. Indictment by grand jury, prohibition of double jeopardy; self incrimination application for due process of law. VI. In all criminal prosecutions, accused shall have a speedy trial by jury; be confronted with the witnesses against him; should compel witnesses’ attendance and have counsel to defend him. VII. In suits of value exceed twenty dollars, trial shall be by jury. VIII. Restraints against excessive bail and fines. IX. The enumeration in the Constitution, of certain rights, shall not be constr ued to deny or disparage others retained by the people. X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The Fifth Amendment provides for due process of law which means that no person shall be deprived of life, liberty or property at the whim of the government acting in an unreasonable manner. Secondly, it provides protection against self incrimination. This means that no person will be made to testify about something which may offer evidence against himself in a criminal case. The rule has evolved into new concepts of law. One such, known as the Miranda (1966) warnings mandate that a person about to be arrested or during the course of inquiry if he is a suspect should be made aware that what he will speak after that point shall be used as evidence against him and that he has a right to remain silent. It further provides that the person should be informed that he is en titled to legal counsel before speaking. Any confessional statement obtained during course of criminal proceedings without Miranda warnings would be inadmissible in evidence if used against the person. In Kirby (1972) it was held that criminal proceedings include formal charge, preliminary hearing, indictment or arraignment. Confession, an admission of guilt by a person is covered under the Fifth and Sixth Amendment. Fifth prohibits self incrimination and Sixth provides for legal counsel and applies after formal charges have been filed. In Fikes (1957) it was held that â€Å"in the totality of circumstances† the defendant did not exercise his â€Å"power of resistance† and the confession was held inadmissible. In Massiah (1964) it was held that statements made by defendant to a co-accused in absence of counsel could not be used against the defendant. The knowledge of the public regarding the Bill of Rights is very low. In general there is much â€Å"ignorance of the c ontent and meaning of the Bill of Rights† ( Patrick, 1988). The results of the survey reveal the above statement to be true. Though the population for the survey is small, the results match with bigger surveys. According to a survey, â€Å"Many more Americans remember that Michael Jackson sang "Beat It" than know that the Bill of Rights is part of the Constitution (N. D.). Another survey, however revealed that the right to worship as you