Bill of Rights
A brief history on how the Bill of Rights came forth. Back in the late 1700’s, several states were called for a constitution to protect individual’s rights from the government. Through these calls, James Madison came forth and put together the Amendments, which was later signed in 1791(1). What started off as 17 Amendments was trimmed down to 10 main one’s which is where we stand now with the Bill of Rights. There are several key Amendments that tie into criminal law. Those amendments are 1st, 2nd, 4th, 5th, 6th and 8th. The 1st amendment allows individuals the freedom of speech. This does not allow the government to arrest anyone who lets say wants sit on a racial protest, or disallow anyone from following different religions. We as individuals have the right to follow whatever religions we choose. Now there are some twists that come into play with this Amendment. It does allow the “Freedom of Speech” but there are five rules you cannot break before being arrested and charged. Those five rules are, obscenity, profanity, liberal slander and or fighting words (1). If you express any of these conducts, you are subject to being arrested. There was a case in New Hampshire, where a gentleman called a marshal, “God-damned racketeer.” He was later convicted, because he used profanity in his speech (1). This is a prime example of how there are limits to the First Amendment.
Moving our focus to the Second Amendment, it states “the right of people to keep and bear Arms shall not be infringed.”(1) As we see with this Amendment, this gives individuals rights to carry a firearm around with them or at their home, depending on the states. Just like the First Amendment, there are limitations. For instance in D.C for you to have a firearm you must keep your firearm in your possession unloaded and disassembled by a trigger lock or similar devise unless kept at business place(1). This means if you’re living in D.C and an intruder breaks into your house; you’re...
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