are they entitled to the protection of the US Constitution?
2007-03-12 04:24:20 · 13 answers · asked by Jase D 1 in Politics & Government ➔ Law & Ethics
The best answer to this question is "Yes, but..."
If someone who is not a citizen commits a crime in the United States, they still enjoy all the protections afforded by the United States Constitution while they're going through their criminal proceedings.
BUT...
Since they're not a citizen of the United States, they're considered an "alien" and also subject to immigration law proceedings, which can result in deportation (called "removal").
2007-03-12 04:43:30 · answer #1 · answered by helloiamchuck 4 · 1⤊ 0⤋
Absolutely. As confirmed by Supreme Court cases going back over a century. And as recently as 2004.
Anyone who tries to tell you differently has clearly not bothered to actually study the law in the area.
4th, 5th and 6th Amendments apply to ANY government action, and the protections apply to ANYONE charged or in custody.
NOTE to Hardtime (above): That's exactly the point. When in some other country that other country's laws apply. When in the US, US laws apply.
NOTE to Matt (above): The reason they think Constitutional protections apply to people held in Gitmo is because the Supeme Court has SAID THEY APPLY. What part of that don't people understand?
2007-03-12 11:57:03 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
Yes
2007-03-12 11:26:41 · answer #3 · answered by espreses@sbcglobal.net 6 · 1⤊ 0⤋
I am sad to say yes.
I think that they should be treated to the justice of thier home country and not get the protection of the Constitution.
If an American is in a foren country and brakes the law that country dose not honnor us with the rights given to us by our constitution.
2007-03-12 11:29:35 · answer #4 · answered by Anonymous · 2⤊ 1⤋
Yes they are. Depending on the severity of the crime, often times the person is simpy deported.
2007-03-12 11:27:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes.
2007-03-12 11:28:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes.
2007-03-12 11:26:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i disagree with you hardtime. i think youl find the agreement on fast track extradition between the UK and the USA does actually recognize your rights under the USA constitution.
2007-03-12 11:33:42 · answer #8 · answered by bruce m 3 · 0⤊ 0⤋
Unfortunatly yes, the are acorded the same rights that you and I have, untell they are deported, then they will only have what there country offers.
2007-03-12 11:27:50 · answer #9 · answered by bildymooner 6 · 1⤊ 0⤋
Yes. And if you listen to Liberals in this country, they think Islamic terrorist caught on the battlefield, and shipped to Club Gitmo, are protected by the U.S. constitution too.
2007-03-12 11:29:39 · answer #10 · answered by Matt 5 · 1⤊ 4⤋