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what is a current situation in the world in which at one of the rights outlined in the Bill of Rights is being violated.

2007-07-22 13:58:08 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

In the US....

1st Freedom of association -- people convicted based purely on who they associate with, when neither the person nor the associates had yet committed a crime.

1st Freedom of Speech -- teachers allowed to tear down the banner of another adult, on a public street, because some students were also on the street.

4th Freedom from unlawful search -- warrantless wiretapping in violation of FISA and federal law (18 USC 2511).

5th Privilege against coerced Self-incrimination -- evidence from torture being allowed at criminal hearings

6th Right to Counsel -- people being denied access to an attorney while held in custody

6th Right to Confront -- people being convicted based solely on unsubstantiated hearsay

6th Right to Trial -- people being held in custody for years without trial or charges

8th Prohibition against Cruel and Unusual Punishment -- torture

Do I need to go on?

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EDIT: I offered to show Snoopy (below) the facts and case citations to back up my statements. He declined.

2007-07-22 14:05:50 · answer #1 · answered by coragryph 7 · 3 1

This is a more difficult question than it would appear because people tend to view our "rights" as clearcut when they are in fact not. I guess posters need clarity on the question: do you mean our "rights" as defined by law (Constitutional law) or our "rights" as each particular viewer happens to believe? I'll give some examples from below:

1st Freedom of Speech -- teachers allowed to tear down the banner of another adult, on a public street, because some students were also on the street

*** There was no right violated here, like it or not, specifically because the US Supreme Court interpreted the Constitution as such. We might not AGREE but by law, in that instance, the student's constitutional rights were not violated.

4th Freedom from unlawful search -- warrantless wiretapping in violation of FISA and federal law (18 USC 2511).

***The question is about constitutional law, not federal law. Here the poster is confusing the two. Thus, this is not an example of a violated constitutional right. It is actually not an example of anything, because there are no facts stated.

6th Right to Counsel -- people being denied access to an attorney while held in custody

***********Several things here: First, this example includes both 5th and 6th amendment issues too complex to get into here. Also, this is not an EXAMPLE of a current situation. A current situation includes factual information.


6th Right to Confront -- people being convicted based solely on unsubstantiated hearsay

***I would encourage the person writing this example to clearly understand the definition of hearsay (an out-of-court statement offered to prove the truth of the matter asserted.) Then take a look at the exclusions to the rule (there are three, I believe,) and then look into the 30 or so exceptions to the rule. For some the declarant (not necessarily the witness) must be unavailable; for most they need not be. My point is that blanket statements such as this do nothing more than serve as a soap box for an uninformed rant. This is also not an EXAMPLE because there is no "current situation" described.

6th Right to Trial -- people being held in custody for years without trial or charges

***** Again, not an example. And again, it glosses over a complex legal question with little regard for reality.

My point, I guess, is that many of us are concerned about our constitutional rights in this day and age. However, there is a huge difference between our rights being violated and our rights being diminished. The latter is the true problem because it makes for permanent changes (vs a violation of rights that can be rectified in some way.) I believe the questioner is thinking more about our rights being diminished, but I'm not sure.

2007-07-22 21:31:31 · answer #2 · answered by snoopy 5 · 2 1

I would say some cities in the US has taken a little leisure in the 2nd Amendment. Our Bill of Rights do not go past our borders or territories. I would not go to another country and say I have free speech because I am an American.

2007-07-22 21:06:26 · answer #3 · answered by Mark C 3 · 0 0

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