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Dr. Lorandos explains Your Constitutional Rights
You have important rights which you need to know about. You need to know what they are and you need to work to protect them. The 4th, 5th, 6th, 8th, and 14th amendments to the federal constitution are particularly important to know and remember.
At http://www.falsely-accused.net/ we remind clients that the Fourth Amendment prohibits unreasonable searches and seizures. It instructs that a warrant shall be issued when there is probable cause to suspect that a crime has been committed and the request for a warrant must be supported by oath or affirmation which describes the place to be searched, the person or things to be seized. There are a lot of exceptions to the warrant requirement; like exigent circumstances, an emergency, or consent, and search incident to arrest. Some brief detentions when a person is seized may be based only on articulable suspicion of criminal conduct.
The Fifth Amendment provides many important rights. The Fifth Amendment protects one against self-incrimination. You cannot be forced to testify against yourself. The prohibition against double jeopardy, being tried twice for the same offense, is found in the Fifth Amendment. At http://www.falsely-accused.net/ we remind clients that the Fifth Amendment contains the important due process clause. The state is prohibited from any depravation of life, liberty, or property without due process of law.
The Sixth Amendment requires that any criminal defendant has a right to an attorney, the right to be informed of the law and possible punishments faced for violation of the law, the right to compel witnesses to appear and testify, the right to confront witnesses, the right to a speedy and public trial by an unbiased jury.
The Eighth Amendment bars the state from excessive bail or excessive fines. The Eighth Amendment is also the one which prohibits cruel and unusual punishment.
The Fourteenth Amendment holds important privileges and immunities; in fact its called the privileges and immunities clause of the Fourteenth Amendment. This amendment bars the state that you live in from enacting or trying to enforce any law which violates the privileges and immunities of citizens of the United States. The Fourteenth Amendment also has its own due process clause and the very important equal protection clause. You see, the equal protection clause demands that no state may selectively enforce certain of its laws and selectively deny citizens within its borders the protection of The United States citizenship.
At http://www.falsely-accused.net/ we remind clients that the right to remain silent can be found in the Fifth Amendment and it was described a moment ago. It is so important that it bears a little more discussion. This right means that a person accused of a crime cannot be called as a witness at his or her trial. A criminal defendant cannot be made to testify or even answer questions if the questions may tend to incriminate him or her. Even at grand jury proceedings the witness may refuse to answer any questions that suggest the possibility that they will incriminate themselves. That means that if a persons answer to a question will require them to admit some action that constitutes a crime and would subject them to criminal prosecution then the Fifth Amendment allows them to refuse to answer. To compel answers in this context, prosecutors may give witness immunity from the prosecution to force them to testify despite their Fifth Amendment rights.
At http://www.falsely-accused.net/ we remind clients that our Miranda Rights come from the famous United States Supreme Court case of Miranda versus Arizona. In that case, the Supreme Court held that suspects in the custody of the police must be informed that they have important Constitutional rights before they are questioned. The purpose of this rule is to make sure that if an accused person answers questions in an interrogation that his waiver of his constitutional right to remain silent and to have an attorney present is made freely and with knowledge of the existence of this right. Miranda Rights grow out of the Fifth Amendment, out of the Fifth Amendments right to remain silent and the Sixth Amendment right to an attorney. On TV they sound something like this, You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney and, if you cannot afford an attorney, an attorney will be appointed for you.
What about this right to an attorney?
The right to a trial by jury is a basic American right.
You must know these rights to protect them.
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1-3 "You have Rights; the Government has Privileges"by waveoflight17,368 views
Well said!!!
vslone123 9 months ago