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BILL OF RIGHTS-- First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.-- 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-- 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 a manner to be prescribed by law-- 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.-- Fifth Amendment - No person shall be held to answer for any 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 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.--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 where in 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.-- Seventh Amendment - 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-- Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted-- Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people--Tenth Amendment - 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--.
Taking the Fifth-A Criminal Law Blog
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  • UPDATE: FEDERAL JUDGE SAMUEL KENT RESIGNS

    President Obama accepted the resignation yesterday of Federal District Court Judge who is serving a prison sentence for obstruction of justice after he was charged with sexual harassment of two member of his staff. The sexual harassment charges were dismissed in exchange for his plea to the obstruction of justice charge.

    He initially said he would resign immediately after the conviction but then changed his mind and dated the resignation for June 1, 2010. Since Federal judges can only be removed from office by resignation or impeachment, this would have allowed him to collect his $174,000 annual salary for another year. President Obama did not accept the resignation dated June 2010 but he accepted the immediate resignation which came at the same time that Kent received notice that he was going to be tried before the Senate.

    In response to his delayed resignation, The House of Representatives impeached him on four count–two of harassing his staff and one each of lying to judicial investigators and to the Justice Department. He is currently awaiting trial on the impeachment charges in the Senate.

  • OBAMA TO SEEK INDEFINITE DETENTION OF SOME GUANTANAMO DETAINEES

    The Obama administration continues to make plans for indefinite detention for many of the detainees at Guantanamo.

    Indefinite detention violates many of the basic beliefs of our founders expressed in the Constitution. Article I, Section 9 of the Constitution states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The Fifth Amendment guarantees “due process of law.” It starts out saying, “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;” The Sixth Amendment guarantees “the accused shall enjoy the right to a speedy and public trial, by an impartial jury. It also requires that the accused have the right of confrontation and the use the state for compulsory process to obtain favorable witnesses. The Eighth Amendment forbids excessive bail.

    Furthermore the United States has signed international treaties guaranteeing alleged terrorist the right to a speedy trial. The International Covenant on Civil and Political Rights guarantees to all the right to a speedy and public trial.