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How Many Rights Do You Have Essay (стр. 2 из 2)

the answerers. COMPELLED TO BE A WITNESS

AGAINST HIMSELF: Drug tests are being required from

more and more people, even when there is no probable

cause, no accident, and no suspicion of drug use. Requiring

people to take drug tests compels them to provide evidence

against themselves. DEPRIVED OF LIFE, LIBERTY, OR

PROPERTY WITHOUT DUE PROCESS OF LAW: This

clause is violated on each of the items life, liberty, and

property. Incidents including such violations are described

elsewhere in this article. Here are two more: On March 26,

1987, in Jeffersontown, Kentucky, Jeffrey Miles was killed

by police officer John Rucker, who was looking for a

suspected drug dealer. Rucker had been sent to the wrong

house; Miles was not wanted by police. He received no due

process. In Detroit, $4,834 was seized from a grocery store

after dogs detected traces of cocaine on three one-dollar

bills in a cash register. PRIVATE PROPERTY TAKEN

FOR PUBLIC USE WITHOUT JUST

COMPENSATION: RICO is shredding this aspect of the

Bill of Rights. The money confiscated by Sheriff Vogel goes

directly into Vogel’s budget; it is not regulated by the

legislature. Federal and local governments seize and auction

boats, buildings, and other property. Under RICO, the

government is seizing property without due process. The

victims are required to prove not only that they are not guilty

of a crime, but that they are entitled to their property.

Otherwise, the government auctions off the property and

keeps the proceeds. Amendment VI 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. THE

RIGHT TO A SPEEDY AND PUBLIC TRIAL:

Surprisingly, the right to a public trial is under attack. When

Marion Barry was being tried, the prosecution attempted to

bar Louis Farrakhan and George Stallings from the gallery.

This request was based on an allegation that they would

send silent and “impermissible messages” to the jurors. The

judge initially granted this request. One might argue that the

whole point of a public trial is to send a message to all the

participants: The message is that the public is watching; the

trial had better be fair. BY AN IMPARTIAL JURY: The

government does not even honor the right to trial by an

impartial jury. US District Judge Edward Rafeedie is

investigating improper influence on jurors by US marshals in

the Enrique Camarena case. US marshals apparently illegally

communicated with jurors during deliberations. OF THE

STATE AND DISTRICT WHEREIN THE CRIME

SHALL HAVE BEEN COMMITTED: This is incredible,

but Manuel Noriega is being tried so far away from the place

where he is alleged to have committed crimes that the United

States had to invade another country and overturn a

government to get him. Nor is this a unique occurrence; in a

matter separate from the Camarena case, Judge Rafeedie

was asked to dismiss charges against Mexican gynecologist

Dr. Humberto Alvarez Machain on the grounds that the

doctor was illegally abducted from his Guadalajara office in

April and turned over to US authorities. TO BE

INFORMED OF THE NATURE AND CAUSE OF THE

ACCUSATION: Steve Jackson Games, nearly put out of

business by the raid described previously, has been

stonewalled by the SS. “For the past month or so these guys

have been insisting the book wasn’t the target of the raid, but

they don’t say what the target was, or why they were critical

of the book, or why they won’t give it back,” Steve Jackson

says. “They have repeatedly denied we’re targets but don’t

explain why we’ve been made victims.” Attorneys for SJG

tried to find out the basis for the search warrant that led to

the raid on SJG. But the application for that warrant was

sealed by order of the court and remained sealed at last

report, in July. Not only has the SS taken property and

nearly destroyed a publisher, it will not even explain the

nature and cause of the accusations that led to the raid. TO

BE CONFRONTED WITH THE WITNESSES

AGAINST HIM: The courts are beginning to play fast and

loose with the right to confront witnesses. Watch out for

anonymous witnesses and videotaped testimony. TO HAVE

COMPULSORY PROCESS FOR OBTAINING

WITNESSES: Ronald Reagan resisted submitting to

subpoena and answering questions about Irangate, claiming

matters of national security and executive privilege. A judge

had to dismiss some charges against Irangate participants

because the government refused to provide information

subpoenaed by the defendants. And one wonders if the

government would go to the same lengths to obtain

witnesses for Manuel Noriega as it did to capture him. TO

HAVE THE ASSISTANCE OF COUNSEL: The right to

assistance of counsel took a hit recently. Connecticut Judge

Joseph Sylvester is refusing to assign public defenders to

people ACCUSED of drug-related crimes, including drunk

driving. TO HAVE THE ASSISTANCE OF COUNSEL:

RICO is also affecting the right to have the assistance of

counsel. The government confiscates the money of an

accused person, which leaves them unable to hire attorneys.

The IRS has served summonses nationwide to defense

attorneys, demanding the names of clients who paid cash for

fees exceeding $10,000. Amendment VII 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 reexamined in

any Court of the United States, than according to the rules of

common law. RIGHT OF TRIAL BY JURY IN SUITS AT

COMMON LAW: This is a simple right; so far the

government has not felt threatened by it and has not made

attacks on it that I am aware of. This is our only remaining

safe haven in the Bill of Rights. Amendment VIII Excessive

bail shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted. EXCESSIVE BAIL

AND FINES: Tallahatchie County in Mississippi charges ten

dollars a day to each person who spends time in the jail,

regardless of the length of stay or the outcome of their trial.

This means innocent people are forced to pay. Marvin Willis

was stuck in jail for 90 days trying to raise $2,500 bail on an

assault charge. But after he made that bail, he was kept

imprisoned because he could not pay the $900 rent

Tallahatchie demanded. Nine former inmates are suing the

county for this practice. CRUEL AND UNUSUAL

PUNISHMENTS: House Resolution 4079 sticks its nose in

here too: “… a Federal court shall not hold prison or jail

crowding unconstitutional under the eighth amendment

except to the extent that an individual plaintiff inmate proves

that the crowding causes the infliction of cruel and unusual

punishment of that inmate.” CRUEL AND UNUSUAL

PUNISHMENTS: A life sentence for selling a quarter of a

gram of cocaine for $20 — that is what Ricky Isom was

sentenced to in February in Cobb County, Georgia. It was

Isom’s second conviction in two years, and state law

imposes a mandatory sentence. Even the judge pronouncing

the sentence thinks it is cruel; Judge Tom Cauthorn

expressed grave reservations before sentencing Isom and

Douglas Rucks (convicted of selling 3.5 grams of cocaine in

a separate but similar case). Judge Cauthorn called the

sentences “Draconian.” Amendment IX The enumeration in

the Constitution, of certain rights, shall not be construed to

deny or disparage others retained by the people. OTHER

RIGHTS RETAINED BY THE PEOPLE: This amendment

is so weak today that I will ask not what infringements there

are on it but rather what exercise of it exists at all? What law

can you appeal to a court to find you not guilty of violating

because the law denies a right retained by you? Amendment

X 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. POWERS

RESERVED TO THE STATES OR THE PEOPLE: This

amendment is also weak, although it is not so nonexistent as

the ninth amendment. But few states set their own speed

limits or drinking age limits. Today, we mostly think of this

country as the — singular — United States, rather than a

collection of states. This concentration of power detaches

laws from the desires of people — and even of states. House

Resolution 4079 crops up again here — it uses financial

incentives to get states to set specific penalties for certain

crimes. Making their own laws certainly must be considered

a right of the states, and this right is being infringed upon.

Out of ten amendments, nine are under attack, most of them

under multiple attacks of different natures, and some of them

under a barrage. If this much of the Bill of Rights is

threatened, how can you be sure your rights are safe? A

right has to be there when you need it. Like insurance, you

cannot afford to wait until you need it and then set about

procuring it or ensuring it is available. Assurance must be

made in advance. The bottom line here is that your rights are

not safe. You do not know when one of your rights will be

violated. A number of rights protect accused persons, and

you may think it is not important to protect the rights of

criminals. But if a right is not there for people accused of

crimes, it will not be there when you need it. With the Bill of

Rights in the sad condition described above, nobody can be

confident they will be able to exercise the rights to which

they are justly entitled. To preserve our rights for ourselves

in the future, we must defend them for everybody today.