Question #01733

1 Answer
Sep 22, 2017
  • Amendment 4 - Search and Seizure
  • Amendment 5 - Rights of Persons
  • Amendment 6 - Rights of Accused in Criminal Prosecutions
  • Amendment 8 - Further Guarantees in Criminal Cases

Explanation:

  • Amendment 4 - Search and Seizure

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.

This prevents the government from violating your privacy without a warrant issued by a judge in all but very extreme cases.

  • Amendment 5 - Rights of Persons

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 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.

When charged with a crime this amendment spells out what the rights of the person charged are when they are brought to trial.

  • Amendment 6 - Rights of Accused in Criminal Prosecutions

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.

This amendment states how a trial will be held when someone is prosecuted and what the person can do to defend themselves.

  • Amendment 8 - Further Guarantees in Criminal Cases

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

This amendment states what confinement and punishments are allowed to happen to a person before and after a trial.