Main article: Speedy trial Criminal defendants have the right to a speedy trial. In Barker v. Wingo‚ 407 U.S. 514 (1972)‚ the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant’s speedy trial right has been violated in the case. The four factors are: Length of delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment‚ whichever first occurs) was termed "presumptively prejudicial
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others for hurtful statements or opinions is an intelligent and well thought out idea‚ it isn’t because it squanders taxpayer resources‚ abuses and infringes upon our First Amendment rights‚ and creates a dearth of personal responsibility. Initially‚ this radical idea limits our First Amendment rights even more than it already is. As it states in the article‚ Sacrificing the First Amendment to Catch "Cyberbullies"‚ "Senators are mistaken about the First Amendment…
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The First Amendment The first amendment of the United States Constitution states that Congress cannot institute a law that violates the freedoms of religion‚ speech‚ assembly and the freedom of the press. This First Amendment was adopted on December 15‚ 1791 and is one of the amendments to the b Bill of Rights. The creation of the first amendment was due to the tyranny of the British government who had suppressed free speech and the right to have public meetings. Many who came to America came on
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The first amendment: freedom of speech is violated with censorship. In the ALA Library Bill of Rights‚ parents‚ and only parents‚ have the right to prohibit or control what their children read. Freedom of expression and of opinion is for everyone‚ not just for the people that the majority thinks are right. In 1953‚ Supreme Court Justice William O. Douglas said‚ “Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could easily defeat
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The 18th amendment of the constitution Prohibition was introduced to all American states apart from Maryland in 1920. Prohibition was the banning of alcohol; you could be arrested for sale‚ manufacture and transportation of alcohol. There were many factors that influenced the introduction of prohibition. One of the main factors was the temperance movement’s two examples of this Were the anti-saloon league and Women’s Christian temperance movement. The temperance movements were at the strongest
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the Bill of Rights‚ the Fourth Amendment can be best defined as an amendment providing the right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized (Fourth‚ 2012). In general terms‚ the Fourth Amendment protects from illegal searches
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republican government. Many thus adopted their own constitutions. Constitutions‚ whether written or unwritten‚ typically function as an evolving body of legal custom and opinion. Their evolution generally involves changes in judicial interpretation or in themselves‚ the latter usually through a process called amendment. Amendment of a constitution is usually designed to be a difficult process in order to give the constitution greater stability. On the other hand‚ if a constitution is extremely difficult
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1928‚ Justice Louis Brandeis wrote in his dissenting opinion “the greatest dangers to liberty lurk in the insidious encroachment by men of zeal‚ well meaning but without understanding”. The men of zeal‚ described by Brandeis‚ were police officers trying to enforce the Prohibition Act. He would never have been able to fathom the modern men of zeal fighting the “War on Terror”. The modern era has carried questions of how far the Fourth Amendment and the right to privacy should and does extend to protect
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The Fourth Amendment to the Constitution states that people have the right "to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚" but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States
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States by which the people and states must abide by‚ we hold to our amendments; however‚ like most things‚ some amendments are under scrutiny‚ as they can be such a controversial topic. One such controversial topic would be our Second Amendment under the Bill of Rights of the Constitution‚ wherein resides our first ten basic‚ natural rights‚ which are guaranteed to citizens of the United States. As stated by the Second Amendment of the United States: “A well regulated Militia‚ being necessary to
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