What are my Civil Rights?
Most countries have both civil and political rights codified in the first part of their constitution. In the US, the first ten amendments of the United States Bill of Rights are considered the civil rights. Here are the most common and important amendments which directly speak of civil rights and its provisions to the individual.
- The First Amendment protects the citizens' rights to freedom of speech, religion, and assembly.
This is quite self explanatory. The most important declaration that prohibits the federal government from making laws that may interfere or limit people's liberty to choose a religion, self expression (free speech and free press), and ability to organize an assembly.
- The Fourth Amendment protects citizens from unreasonable search and seizure of their homes and properties.
This law secures the individual that unreasonable search and seizures may not be conducted within the owner's premises unless a search warrant, warrant of arrest, or similar court order has been presented by police investigators. A legitimate and probable reason must be made known to the owner of the property prior to any search and seizure operations. Investigators are also required to present a documentation of where the search should be conducted and what they are trying to locate.
- The Fifth Amendment protects citizens against abuse of government authority in a legal procedure.
This law secures procedural protections for criminal defendants and ensures that the government may not deprive a citizen of life, liberty, or property without due process of law.
- The Sixth Amendment protects the citizens' rights to a speedy and public trial, trial by a jury, and a right to counsel.
As an extension to the Fifth Amendment, this law guarantees "due process". As an old saying goes, a person is innocent until proven guilty. The defendant of a criminal prosecution is entitled to a speedy trial, an unbiased jury, proper attorney representation, and even the right to self representation. There should be no unreasonable delays during the trial. The only exception to the right of an impartial jury are petty crimes when imprisonment only lasts a short time.
- The Eighth Amendment protects citizens against federal government abuse in the form of excessive bail, excessive fines, cruel and unusual punishments.
Bail refers to the process of depositing money in order to temporarily release someone from jail until trial proper. It is illegal to require the defendant to pay excessive bails and fines. Cruel and unusual punishments such as boiling to death, burning alive, stoning, disembowelment, and other forms of torture are prohibited by law. The execution of individuals who are under 18 and/or mentally disabled is also considered as violations of the Eighth Amendment.
A lot of questions have continually emerged as to what extent the government can intervene in the ever changing issues that society has faced through out time. Although there is a remarkable improvement from the time of the Civil Rights Movement, issues concerning discrimination are still a work in progress. One thing's for sure, if people are deprived of their civil and political rights, history has it that social unrest may be inevitable.
The author of this article, Joanne Aika Castillo, is a legal researcher whose goal is to write informative legal articles about Illinois civil rights violations, medical malpractice, and personal injury. For information on Illinois civil rights lawyers, please visit Dolan Law Offices today.
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Source: http://www.goinglegal.com/what-are-my-civil-rights-984462.html
Source: http://www.goinglegal.com/what-are-my-civil-rights-984462.html