San Francisco Skyline
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
RSS icon Email icon Bullet (black)
  • SECURE COMMUNITIES–DOES IT MAKE US LESS SECURE

    Posted on May 24th, 2010 zshapiro No comments

    Secure Communities is a Department of Homeland Security (DHS) program to deport felons who have either been convicted of serious felonies in the past or are currently accused of committing such. It operates through the use of biometric evidence, primarily booking fingerprints, which are immediately transmitted to the Integrated Automatic Fingerprint Identification System (IAFIS) of the FBI’s Criminal Justice Information Services (CJIS) Division and the Automated Biometric Identification System (IDENT) of the Department of Homeland Security’s US-VISIT Program.

    Within hours of booking DHS can order the local sheriff’s to put a hold on the person for transfer to an immigration facility. Thus even if the District Attorney decides not to charge the individual or if the only charges pressed are misdemeanors or infractions the individual could be deported. DHS says that only felons will be targeted but the hold may be placed before the person is charged.

    San Francisco Sheriff Michael Hennessey last week asked California Attorney General Jerry Brown to exclude San Francisco from Secure Communities even though that will mean a loss of Federal Funds. He pointed out that the programs is in direct conflict with San Francisco’s Sanctuary City policy under which only those accused of felonies are reported to Federal Authorities. Under Secure Communities all people who are booked will be automatically reported.

    Last year the San Francisco Sheriff’s Department reported 2000 aliens to DHS and DHS picked up 1,162 of them. Hennessey says the number will dramatically increase under Secure Communities. Although DHS claims that they will target felons, Hennessey claims that among those that will be reported are those charged with such petty crimes as selling from an ice cream cart without a permit. DHS says they do not have the budget to go after those accused of petty crimes but Congress seems willing to increase DHS’s budget in light of Arizona’s move to criminalize illegal aliens.

    One problem with Secure Communities is that it inhibits immigrants from calling the police for help. An immigrant is less likely, for example to report domestic violence, if he/she is afraid that their spouse or significant other will be finger printed and deported shortly after being arrested. Immigrants are less likely to report the gang activities of their neighbor’s children if they are afraid the child will be deported. In the end it may make us less secure and crime less likely to be reported.

    Leave a Reply