Preview

How Did The Founding Fathers Protect Individual Rights

Good Essays
Open Document
Open Document
791 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How Did The Founding Fathers Protect Individual Rights
The Founding Fathers created The Bill of Rights in order to protect citizens’ individual rights under written law. One of the most important type of rights outlined in this document are the rights of the accused. Before the amendments that protect accused individuals were enforced, there was a decent amount of room for government to gain more power and for the people to lose justice and freedom while in the courts. Many innocent citizens would be labeled as guilty without trial and sent to jail. The Founding Fathers realized this major flaw in their government, so they created amendments like four, five, six, seven, and eight. Although this did not cure all issues surrounding the courts and right of the accused, it did make it harder for citizens to be treated cruelly through due process. There are still many court cases today that seem unconstitutional to the eyes of citizens. In some cases, people are discriminated against or profiled based off of stereotypes, which leads to a bias when a jury comes to rule the defendant as innocent or guilty. In other cases in the past, there is not even a jury of peers …show more content…
This was especially crucial to maintain in the judicial system. In the past, corrupt and powerful people could accuse a person of a crime and lock them in jail without ever charging them. The writ of habeas corpus does not allow this to happen anymore. This forces law enforcement and other persons in power to bring the accused before a judge or into a court. Without this writ, the government would have essentially endless power at the hands of the judicial system. This is another check on the use of government power. The definition of habeas corpus translates to “produce the body.” This is a court order stating to deliver the accused individual to the court issuing the order and to show sufficient and valid reasoning behind the arrest

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The writ of habeas corpus is when you get arrested and you say “writ of habeas corpus” to be brought to a judge so he could tell you why you’ve been arrested. If there is no reason to be arrested, then, you are free to leave. It was made for people who didn’t even know why they were sent to jail. They just got arrested one day and didn’t know what they did wrong.…

    • 433 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The first eight amendments in the Bill of Rights were intended to protect Americans ' specific personal rights. The Founding Fathers recognized the importance of these rights and fought so that the people in the United States would have the independence that no other nation had known. These same men were well aware of the unavoidable sacrifices they were going to have to make. Listing every right that a person should possess was impossible to fit into ten amendments. Therefore, congress made the final two amendments in the Bill of Rights to be an all inclusive statute in an effort to prevent the United States government from discovering a loophole and gaining too much power. The Ninth and Tenth Amendments are the final two statutes in the Bill of Rights which outlines the limited control of the government and even more importantly the power of the people.…

    • 1547 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    First, what is habeas corpus? According to Cornell University Law School, Habeas corpus is a writ that is used to bring an individual who has been convicted of a crime in a state court to the federal court system. Writs of habeas corpus are typically used to review the legality of the person’s arrest, imprisonment, or holding (Cornell University Law School, 2015). In today’s society, writs of habeas corpus are mainly used after a conviction in an attempt to prove that the convicted individual was unjustly and illegally detained or imprisoned. Writs of habeas corpus have other uses as well that…

    • 1990 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Thomas Jefferson, American Founding Father and the principal author of The Declaration of independence, theorized that “the care of human life and happiness, and not their destruction, is the first and only object of good government.” Jefferson pointed to “unalienable rights,” and these rights were “giving to us by our creator and not by a government.” To protect the fundamental and individuals rights accordingly, James Madison was involved by including the Bill of Rights to The Constitution. The intention with these, was to remove the power from government reach only. Years after the Declaration of Independence and the Constitution was put in place, a remarkable Landmark decision by the United States Supreme Court was news and continues to…

    • 175 Words
    • 1 Page
    Satisfactory Essays
  • Best Essays

    Habeas Corpus in Latin, means, “You have the body.” According to our text habeas corpus means, “a demand by a court to a jailer to produce the prisoner and announce the charges” (Waldman-Levin, 2012, 5.7). In my opinion for most Americans, habeas corpus protects a prisoner and it also allows a prisoner to indicate that his/her constitution guarantees rights to a fair trial. “From a political point of view, the great value of habeas corpus is that it protects citizens from a dangerous tendency which is generally found in those who exercise the powers of government” (S. G. F., 1888, pg. 454). Habeas corpus is important when it comes to a prisoner questioning why he/she is being held or imprisoned. The Habeas Corpus Act was formed in 1679 and is used to keep an individual from being unlawfully imprisoned.…

    • 1396 Words
    • 6 Pages
    Best Essays
  • Good Essays

    The Bill of Rights were created so that the government power would have limits. The Bill of Rights Institute says, “Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.” Two examples of the Bill of Right freedoms are that if a person is accused of a crime they have the right to a fair trial. Also people shall never be enslaved in the US.…

    • 438 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Habeas corpus is located in the United States Constitution in Article One, Section Nine, under congress limits. It says, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it”. (Columbia electronic encyclopedia, 2011) Habeas corpus is Latin for “you should have the body”. (Columbia electronic encyclopedia, 2011) It means that the accused most appear in front of a judge and know the charges haled against him or her.…

    • 1387 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Habeas corpus (or writ of Habeas corpus ) is a judicially enforceable order issued by a court of law to a prison official ordering that a prisoner be brought to the court so it can be determined whether or not that prisoner had been lawfully imprisoned and, if not, whether he or she should be released from custody. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongly imprisoned. The rights of writs of habeas corpus are granted in Article I of the Constitution, which…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The Framers of the Constitution recalled a time when the government accused people of crimes they did not commit and then convicted them in one-sided trials. Subsequently, these men put in great effort to guarantee that the new government would not engage in such practices. The Constitution and the Bill of Rights guarantee a series of important securities for persons accused of committing crimes in the US.…

    • 272 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Bill of Rights is an indispensable part of the American ideal. America was built upon the ideas of freedom of speech, practice and possession. The framers wrote the Constitution to govern this new country of ideals, and soon after the Bill of Rights was created to give citizens rights not specifically mentioned in the Constitution. The Bill of Rights protects Americans by bestowing upon them the ability to protect themselves, freedom from oppression and the right to a fair and speedy trial.…

    • 548 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Bill of Rights Essay

    • 317 Words
    • 2 Pages

    The rights that are presented to the American citizens are created to protect and defend individual rights, while some rights are non-negotiable, there are many that are not absolute, for safety purposes. In order to protect citizens and ensure of their safety, certain changes must be made to ensure safety to the American citizens. The Constitution was created to protect and limit certain ideas and rights created by and given to Americans to ensure that the communities and colonies could grow and make progress in the expansion of the country.…

    • 317 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Habeas Corpus Paper

    • 1714 Words
    • 7 Pages

    Habeas Corpus, what does it mean? The literal meaning is Latin that translates as “you have the body “. A writ of Habeas Corpus means a “body” that is being held has the right to be brought before the court and have the charges be stated that they are being held for. In layman’s terms, you cannot be held for no reason; you have to be charged with something to be detained. We don’t live in a communist state where we can be picked up off the street and be jailed for an unlimited amount of time with no due process. A Habeas Corpus petition is used for many situations, from unlawful imprisonment to family law involving custody of children. (The ‘Lectric Law Library’ 1995-2012)…

    • 1714 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Habeas corpus, a Latin term meaning "you have the body," an important right granted to individuals in America and refers to the right of every prisoner to challenge the terms of his or her incarceration in court before a judge. Basically it means that a judicial mandate require that a prisoner be brought before the court to determine whether the government has the right to continue detaining them. The individual being held or a person representing them can petition the court for such a writ.…

    • 1859 Words
    • 8 Pages
    Powerful Essays
  • Best Essays

    Habeas Corpus

    • 1810 Words
    • 8 Pages

    According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011) the writ of habeas corpus is Latin for you should have the body. There are two important factors that go along with its Latin meaning. First a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the case was they get arrested and detained. The article explains that habeas corpus was not set up to determine guilt but, make sure a prisoner is being treated fairly ,has not been held unlawfully and is let go in the case that the prisoner has been held unlawfully. The article goes on to explain that habeas corpus is also used by state prisoners to appeal their convictions if they feel like they have had their rights…

    • 1810 Words
    • 8 Pages
    Best Essays
  • Good Essays

    Essay On Bill Of Rights

    • 612 Words
    • 3 Pages

    It allows them to not fear what could happen. The Bill of Rights were added to the Constitution for simply that: Protection. Because of the ten Bill of Rights,that were added to the constitution, people are protected from things they rather not do and they receive protection. One of these protections is the Protection from unreasonable Search and Seizure. Unreasonable Search and Seizures protect people from having to allow an officer into their home when the officer doesn’t present a warrant.…

    • 612 Words
    • 3 Pages
    Good Essays