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Court Cases
The Bill of Rights influenced federal court cases since it was created and still does to this day. Here are some examples of actual cases:
The Bill of Rights influenced federal court cases since it was created and still does to this day. Here are some examples of actual cases:
- The Casey Anthony Court Case - Casey Anthony was accused of the murder of her daughter. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and the cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have favor, and to have the Assistance of Counsel for his defense." -states the sixth amendment.http://www.shearsocialmedia.com/2011/07/casey-anthony-trial-demonstrates-that.html
- Government Violates 4th Amendment - the court finds out that the government secretly locates a GPS tracking device under Antoine Jone's car. "In a major victory for privacy, today in U.S. v. Jones the Supreme Court unanimously held that, 'The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.' The Court found that the government violated the Fourth Amendment, which protects American from unreasonable searches, when it placed a GPS device to Antoine Jones’s car and tracked his movements continuously for a month." https://www.aclu.org/blog/technology-and-liberty/supreme-court-rules-government-violated-privacy-rights-gps-tracking-case
- The Mitchell Family Claims the Violation of 3rd Amendment - Henderson, Nevada police arrest the Mitchell family for refusal of allowing officers to use their homes as a lookout location for a domestic violence investigation. "A second possible impediment to winning a Third Amendment claim in this case is that the Amendment is one of the few parts of the Bill of Rights that the Supreme Court still has not 'incorporated' against state governments. For incorporation purposes, claims against local governments (like this one) are treated the same way as claims against states. On the other hand, the Supreme Court has never ruled that the Third Amendment does not apply to the states. If, as the Court has previously decided, virtually all the rest of the Bill of Rights applies to state governments, there is no good reason to exclude the Third Amendment. If the Third Amendment part of the case is not dismissed on other grounds, the federal district court may have to address the issue of incorporation." http://www.volokh.com/2013/07/04/a-real-live-third-amendment-case/
Federal Criminal Case Rights
1. The right to be reasonably protected from the accused.
2. The right to reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
The Office for Victims of Crimes also states that “the Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony A witness may "plead a Fifth" and not answer if the witness believes answering the question may be self-incriminatory."
http://www.justice.gov/usao/eousa/vr/crime_victims.html
1. The right to be reasonably protected from the accused.
2. The right to reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
The Office for Victims of Crimes also states that “the Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony A witness may "plead a Fifth" and not answer if the witness believes answering the question may be self-incriminatory."
http://www.justice.gov/usao/eousa/vr/crime_victims.html