The 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 defence."

The Sixth Amendment of the United States Constitution include a large part of the Miranda rights, which guarantees a criminal the right to be informed and the cause of the charges being made against him. Also the Sixth Amendment specifies seven rights associated in all criminal prosecutions: speedy trial, public trial, trial by jury, notice of accusation, confrontation of opposing witnesses, compulsory process for obtaining favorable witnesses, and the assistance of counsel. We have a right to a speedy and public trial in the district in which the crime was committed and we have the right to confront the witnesses against us. We must be allowed to provide witnesses in our favor and we must be allowed counsel (an attorney) to represent us.

Does Jailhouse Pay Phone Recording Violate 6th Amendment?

A California public defender reportedly is using a novel constitutional argument to support his contention in a state-court lawsuit that the local district attorney's office is unfairly listening into conversations on public jailhouse telephones to gain information about criminal cases.

Although such eavesdropping has withstood Fourth Amendment challenge, Contra Costa County Public Defender David Coleman is arguing that it violates the Sixth Amendment. The practice, he contends, does an end run around defendants' right to legal counsel by, in effect, contacting a defendant who is known to be represented by legal counsel, according to the Contra Costa Times.

Under a five-year contract between the county sheriff's office and a private Alabama-based company, the company not only digitally records and stores pay telephone calls but pays the sheriff's office $4.2 million. (In return, the company gets all the revenue from the pay phone calls.)

Meanwhile, the sheriff's office reportedly is sharing the digital technology with the district attorney's office, allowing prosecutors to search phone records quickly for information about a specific case. Because the pay phones are located in county jails, many of those making calls discuss criminal cases.

Coleman calls the practice not only unconstitutional but a violation of state wiretapping laws and attorney ethics rules, the newspaper says. The DA's office says his lawsuit is groundless.

"I like the Sixth Amendment argument here—it's a very new twist," Jack King of the National Association of Criminal Defense Lawyers tells the newspaper. "I've been following jailhouse recording challenges for a long time and this is the first time I've seen this argument aimed at the practice itself. It's brilliant."

An oral argument is scheduled Thursday.

In my opinion, it is violating the Sixth Amendment because it is invading an individual privacy in order to gain access of information to break down other cases.

http://www.abajournal.com/news/does_jailhouse_pay_phone_recording_violate_6th_amendment




The Sixth Amendment is saying that the government cannot accuse an individual without giving them a trial at all. The individual have the right to trial in a timely matter. This amendment is necessary because not everyone are accused of a crime has actually committed a crime. The people are allow to have a bias trial.

The Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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 offense 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."

The Fifth Amendment of the United States Constitution is part of the Bill of Rights. It protects the people from being abused by the government in a legal procedure. To plead the Fifth Amendment is the act of refusing to testify under oath in the court of law that whatever you say can and will be used against you. A person has the right to be silent when being questioned by law enforcer; by recognizing the Fifth Amendment you have the right to refuse to answer according to the Miranda rights.

That is example of exercising the Fifth Amendment. If you admitted the law you violated, then chances are you will likely to be given with a ticket. So it is important to understand your rights.

Miranda rights are designed to prevent a person from testifying against themselves. An individual do not have to answer to a law enforcer due to this right. However, if an individual does say anything, whatever the said can and will be use against them. In addition, once in court if they cannot afford an attorney, the court will provide an attorney for them with no cost.

Click the link below for video.
http://www.5min.com/Video/What-are-Miranda-Rights-34095282

The 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."

The Fourth Amendment of the United States Constitution guard the people against unreasonable searches and seizures. The Founding Fathers came up with this amendment as a response of the writs of assistance, which was practiced by the British during the American Revolution. For instance, a cop or any other agencies can't search your house or car without a warrant. You have the right to deny the cop if they are searching from something on your property without your consent or warrant.

In my opinion, that it is violating the Fourth Amendment because the police officer has no right to search the car just because she was charged with drugs three years ago. I think police are harassing the citizens and trying to intimidate them so they have a reason to do their job.

I think it is up to the parents decision to let the police in the house to search. They can refuse to not let police in but I think it prevent crime rate in teenagers to increase, especially in dangerous neighborhood.

The 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."

The Third Amendment of the United States Constitution was created to protect individuals and their property from the practice of quartering soldiers. The Founding Fathers wrote this amendment to prevent soldiers to be quartered in private property as it was practiced under the British military during the American Revolution. Also, it prohibited the government from using private property as quarters for troops without the consent of the owner. There was only one case that was in violation of the Third Amendment and it was the Englom v. Carey case.

Click the link below for the full article.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/engblom.html



This amendment is to keep soldiers to be on your property without your consent. But unless during war time or something, you can allow soldier to be on your property. I don't think the military will need to be on your property since they are so technological advanced nowadays.

The 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."

The Second Amendment of the United States Constitution protects a right to keep bear arms from the federal government. The state have the right to operate and raise a disciplined militia (such as the Air and National Guards) to defend the people. The right to bear arms means the people have the right to use a weapon to defend themselves and their own state. Also, the people have the right to bear arm for purpose of killing game (hunting). However, the people do not have the right to bear arm to commit a crime.

Illinois Considering Law Requiring Gun Owners To Carry $1,000,000 In Insurance

Amends the Firearm Owners Identification Owners Act. Provides that any person who owns a firearm in this State shall maintain a policy of liability insurance in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of a firearm after the firearm is lost or stolen until such loss or theft is reported to the police department or sheriff of the jurisdiction in which the owner resides. Provides that the Department of State Police shall revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the person to whom such card was issued possesses or acquires a firearm and does not submit evidence to the Department of State Police that he or she has been issued in his or her name a liability insurance policy in the amount of at least $1,000,000 specifically covering any damages resulting from negligent or willful acts involving the use of such firearm while it is owned by such person. Effective January 1, 2010.

In my opinion, that it ridiculous that if you want to own a gun you would need to buy a million dollar insurance policy in order to exercise your second amendment right. I would not want to buy the insurance policy because if I just need the gun for protection in my home.

http://www.kxmc.com/getArticle.asp?ArticleId=333221

I can see from the government point of view to make this policy. I think they are trying to make guns cost so high that it is impossible for people to buy it and commit a crime. I like the idea of this policy but then I don't like it. Guns should be only use as protection, but not to commit a crime.

The Tea Party Protest

From listening to the discussion in class on Tuesday about the Tea Party protest marching to Washington D.C., I came by a video of the protestors. Man, these people are anti-Obama by opposing the health care plan. I can see where these people are coming from with their point of view and it is going to take more than 1.7 million people to do something about it before it can take into effect. I find this a little humorous from the signs to the t-shirts, espcially the guy that is dragging the cross. He came out to see the capital building and the White House. Enjoy!



http://www.youtube.com/watch?v=lUPMjC9mq5Y

The First Amendment

Amendment I


"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."


The First Amendment of the United States Constitution guarantees people the right to freedom of religion and freedom of expression without the government interference. Freedom of religion allow the people to select which religion they wish to convert into. So therefore, the government are not allow to establish an official religion for the people. Freedom of expression allow the people to express their mind and speak of their feelings. It is there to protect us from government because it is our natural rights.

Safe Beach Now Claims First Amendment Violation

PISMO BEACH - Grassroots group Safe Beach Now says it's working to make the Oceano Dunes and the beach there safe for pedestrians and wildlife by eliminating gas powered vehicles that make it the only off-road state park of its kind in the country.

Safe Beach Now members had been videotaping the dunes to document what they claim are violations of public safety and environmental protection by off-roaders.

The group uses the video for a community access show it produces on local cable systems.

Earlier this year complaints against Safe Beach Now were filed with the State Film Commission saying the group should be required to get a commercial filming permit which typically requires buying an expensive liability insurance policy.

"The permit would only be good if we have many days up front warning and if we did not film on weekends or on holidays", says Safe Beach Now organizer Dr. Nell Langford.

Until it applies for a permit, Safe Beach Now has been told to stop videotaping on the dunes or risk arrest.

"The criteria was set out as to how they get the permit, contact the department, the district superintendent, determine if a permit is required and then facilitate that permit", says Oceano Dunes State Park Superintendent Andy Zilke, "but that never occurred."

Safe Beach Now argues it's not a commercial enterprise and should be exempt from the permitting process.

"We are not interfering with any of the public's activities at the dunes", Langford says, "we are not increasing liability in anyway and nothing we do is for commercial interest of any kind therefore no permit is required."

The group has hired the First Amendment Project law firm in Oakland, Ca. which has written a letter to the State Film Commission and State Parks and which your Central Coast News has a copy of

The letter seeks to clarify the non-commercial status of Safe Beach Now and assert the group's constitutional right to be allowed to videotape at the dunes.

"We have challenged a bully", Langford says, "a bully that is trying to deprive us of our First Amendment rights by asking us to get a permit and million dollars worth of insurance to video tape activities in their domain that are illegal, dangerous and obscene."

Zilke says his office remains open to Safe Beach Now to clear up any confusion.

"I just welcome the opportunity for these folks to come to us to talk about whether a permit is required", Zilke says, "it may not be."

A State Parks Department official in Sacramento is expected to reply to the letter from the First Amendment Project.

In the meantime Safe Beach Now says it will continue campaigning against allowing vehicles on the dunes.

Click the link for video.

http://www.kcoy.com/global/video/flash/popupplayer.asp?ClipID1=4191509&h1=Safe%20Beach%20Now%20Claims%201st%20Amendment%20Violation&vt1=v&at1=News&d1=161467&LaunchPageAdTag=News&activePane=info&rnd=22628190


I think they are not violating the First Amendment because the video is not using as a commercial advertisement. The video is to inform how dangerous vehicles on the dunes to pedestrians and wildlife animals.

The Preamble

The Preamble to the United States Constitution

"We the People of the United States, in Order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promost the general Welfare, and secure the Blessings of Liverty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

In my opinion, the Preamble to the U.S. Constitution accomodates an articulate statements and goals of government that were written. The Preamble is design to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty for the general citizens. These statements exemplifies that the people have individual rights and are allow to voice their opinion of the government.

I think it is important for children to learn the Preamble because so they know how the government is created. It's like a foundation that mapped out what the rights are and how we apply those rights in our every day life.

I thought the cuneiform Preamble was interesting because it took me a long time to look up the symbols and identify it.


We the the united states, der more perfect union, ice, sure mestic tranquility, provide the common defense, promote the general welfare, secure the blessings of liberty selves and posterity, ordain and constitution the united states of america.