Individual Rights: Privilege Of The Writ Of Habeas Corpus
Individual Rights
Individual Rights are the liberties of each individual person to pursue life and goals without interference from other individuals or the government.
Individual rights are protected by the judicial system. These rights include due process protections of habeas corpus, presumption of innocence, impartial tribunal, speedy and public trials, right to counsel, trial by jury, right against self-incrimination, protection against double jeopardy, and right of appeal.
Protecting individual rights include Article I, Section 9, which provides that “the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it.” The writ of habeas corpus was a common law procedure that allowed the courts to order the release of persons unlawfully imprisoned or detained. Although it has been an important protection in some cases, the courts have given Congress great leeway in limiting the use of the writ. Although these provisions, and a few others can be important in some cases, the main protections of individual liberties comes not in the Constitution itself, but the first ten amendments, known as the Bill of Rights.
The First Amendment of the Bill of Rights protects freedom of religion and freedom of speech and of the press. It also protects the right of peaceful assembly and to petition the government. In 1980, the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. While the copies of the Ten Commandments were purchased with private funding, the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.
Individual Rights are the liberties of each individual person to pursue life and goals without interference from other individuals or the government.
Individual rights are protected by the judicial system. These rights include due process protections of habeas corpus, presumption of innocence, impartial tribunal, speedy and public trials, right to counsel, trial by jury, right against self-incrimination, protection against double jeopardy, and right of appeal.
Protecting individual rights include Article I, Section 9, which provides that “the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it.” The writ of habeas corpus was a common law procedure that allowed the courts to order the release of persons unlawfully imprisoned or detained. Although it has been an important protection in some cases, the courts have given Congress great leeway in limiting the use of the writ. Although these provisions, and a few others can be important in some cases, the main protections of individual liberties comes not in the Constitution itself, but the first ten amendments, known as the Bill of Rights.
The First Amendment of the Bill of Rights protects freedom of religion and freedom of speech and of the press. It also protects the right of peaceful assembly and to petition the government. In 1980, the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. While the copies of the Ten Commandments were purchased with private funding, the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.