bill of rights....?

Question

true or false

1. a district attorney may file murder charges on his or her own.

2. any person accused of a crime has the right to a jury trial.

3. in general, citizens may say whatever they feel needs to be said.

4. each state has a right t omaintain armed forces such as a national guard.

5. a person accused of a crime may require witnesses to appear in court.

6. land may be taken for public use without being purchased from the owner.

7. if the government does not like a religion group, that group can be told to stop holding religious services.

8. a judge may set traffic fines as high as he or she wants.

9. a military court must wait for a grand jury to bring a murder charge.

10. a person charged with a crime must be tried in the state in which the crime took place.

11. any citizen may ask the government to change things which the citizen considers wrong.

12. a criminal with a vicious record has the right to a defense lawyer.

Answer 1

1. BOTH. The Fifth Amendment says that only a grand jury has the power to indict people for federal crimes that carry a jail sentence, like murder.

However, the Supreme Court has said that state courts are not required to abide by this amendment. A district attorney in a state can indict individuals for murder so long as the process provides criminal defendants with about the same protection as a grand jury procedure would.

2. FALSE. Juveniles do not have the right to a jury trial under the federal Constitution, and neither do those charged with "petty" offenses.

3. FALSE. Free Speech Clause of First Amendment can be limited by time, place, and manner restrictions. Other exceptions include libel, obscenity, and "fighting words."

4. TRUE. Second Amendment.

5. TRUE. Compulsory Process Clause of Sixth Amendment regarding federal courts; applies to state courts via Fourteenth Amendment.

6. TRUE. Government can do this under power of eminent domain as long as just compensation is given and the taking is for a public use, as required by the Fith Amendment for the federal gov't and the Fourteenth for the states and local governments.

7. <>

8. FALSE. Excessive Fines Clause of Eighth Amendment.

9. FALSE. Military exception to grand jury requirement of the Fifth Amendment.

10. BOTH. By Sixth Amendment, unless overriden by due process requirement of a trial by an impartial jury.

11. TRUE. First Amendment.

12. TRUE. Sixth Amendment Right to Counsel.

Answer 2

1. This depends on the state. Each state has it's own requirements as to what the DA may or may not do.

2. Correct, unless the person is in the military. Then they have the right to various levels of Courts Martial.

3. That is in the 1st Ammendment of the Constitution.

4. Each state has the right to form a Militia. All states have chosen to participate in the National Guard, although a few still have "honorary militias". These serve little other then ceremonial purposes, or assist in disaster relief.

5. This is once again a Constitutional Right.

6. Land may be taken, but it must be paid for. Emmenant Domain does not preclude the payment for the land to be taken.

7. Not in the US it can't. This can only happen if the religious group in question is breaking the law (human sacrifice, ritualistic rape, etc).

8. That depends on the state/community. In some areas, the fines are "set in stone". In other areas, judges have the right to include "additional fines" (which are also limited) or issue forms of "punative damages". However, issuing outrageous fines may well get the verdict thrown out on appeal, and this is something that is rarely used even when it is allowed by law.

9. Not true. The Uniform Code Of Military Justice works 100% outside the civilian justice system. They can charge, try, convict, and sentence a person with no imput at all from civilian authorities whatsoever.

10. True. Unless it is a Federal Crime, or a Change of Venue is requested and approved.

11. Any citizen has the right to ask. That does not mean anything will be done, but they may ask.

12. Everybody has a right to a defense attorney. That is part of your 5th Ammendment rights.

Most of these do not really have a "True or False" answer, because they are themselves inaccurate questions. For some of them, "True or False" would depend on the local laws in your state/community.

Answer 3

1. Yes they can, but they will want proof from the law enforcement agency.

2. Depending on the severity of the charge. I believe traffic violations can be held only in front of a local magistrate, without the full judge and jury being involved.

3. In general yes, but you can not incite panic falsely (yelling fire in a theater) nor can you threaten the President or other public officials.

4. Yes, and they do (including the District of Columbia).

5. Yes even speeding tickets. That is why the officer needs to appear or have a sworn affidavit.

6. No, it must be purchased for fair market value for use by the public.

7. Only if their services contain portions that break laws. If your services involved sacrificing humans, it is not going to be acceptable.

8. No, they have guidelines that they must adhere to.

9. A Military Court has its own version of a grand jury; it does not require a civilian grand jury.

10. No. The trial for Timothy McVeigh (Oklahoma City bombing) was done in Colorado to give him a better chance at a fair trial.

11. Yes, it is called a petition.

12. Of course they do, they are even told that during their Miranda Rights.

Answer 4

Yes, in theory, (or no, depending on which specific court case you cite). Generally speaking the only rights you have are those you are willing to (and can afford) fight for in court, nothing is "black and white" or "carved in stone", that is the biggest myth about our government, especially when you have a Supreme Court or any lower judge "legislating from the bench", not just loosely interpreting "founder's intent" of the Constitution/Bill of Rights, but making it up out of thin air, as in the infamous New London CT case over eminent domain allowing the government to take from one individual and give to another. Judges can be impeached too, but unfortunatly rarely are. There are also exceptions, like martial law, with military tribunals, very different than criminal or civil law, and civil law guarrantees less protections for the accused or chance of grievances/damages being awarded when charges or actions are proven bogus (such as zoning issues). I'm a "conservative" in the sense I worry everytime we depart from the original Constitution and Bill of Rights we are threatening to destroy our country from within.

Answer 5

1. true
2. true
3. true (Amendment 1)
4 true
5. true
6. false ( amendment 9 or 10)
10 false i think
11 true
12 true

Answer 6

1 true
2 yes
3yes

Answer 7

Sounds like homework to me???????