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What Is Justice And How Can It Be Achieved? What Is Justice And How Can It
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absolute justice. Does absolute justice exist or not? This essay will present
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Submitted by aliceh_345 on November 20, 2005
Category: Social Issues
Words: 2869 | Pages: 12
Views: 321
Popularity Rank: 33,347
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PREFACE
When the Constitution was written there were some "rights" which the writers probably believed to be natural to everyone. However, it later became necessary to determine an individual's right and place them into law because citizens wanted to ensure their "rights" were protected and the government would not have the power to invade their rights. The Bill of Rights (the first ten Amendments to the Constitution) was written to do just that. As written, the Bill of Rights applied only to the Federal Government it did not apply to the States. Much of the Bill of Rights applies to the rights of people accused of crime. Accused citizens have the right to due process of law, a fair trial, freedom from cruel and unusual punishment, and freedom from "double jeopardy", or in other words being held in jeopardy twice for the same crime. To ensure state governments would not invade the rights of citizens, the Fourteenth Amendment was incorporated. Thus the Constitution guarantees that everyone has freedoms and rights which are protected.
In the following pages issues will be discussed on "due process" and the affects on accused people. Also three (3) landmark Supreme Court cases that deal with our rights shall be examined.
II DUE PROCESS AND RIGHTS OF THE ACCUSED
1. Civil rights are enforceable rights or privileges given to individuals. If these are interfered with by another, it gives rise to an action for injury. "Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places."1
The Bill of Rights was created as a foundation of our civil rights. Laws guaranteeing civil rights may be written, derived from custom or implied. In the United States most civil rights are written. These rights are relative rather than absolute because they depend on the interpretation of these "rights". It is the...
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