When Did The Us Constitution Goal To Matter? (Oh, Too A Comment On The Alleged Novel York Madam.)
I am a resident of a province without a bill-of-rights inward our constitution. Whilst I intend unopen to of the rights are antique (second amendment, implied correct to privacy inward the quaternary amendment which looks real hard inward the era of "digital papers") it is - I intend - an improvement on our system.
That said, it is exclusively an improvement on our province of affairs if the constitution is non ignored.
This calendar week nosotros possess got seen an amazing ability catch yesteryear the US Attorney General. To quote Eric Holder:
Incidentally I possess got quite a bargain of sympathy for extra-judicial execution of a unsafe criminal. "Wanted, dead or alive" posters possess got been move of the American mythology for a reason. But I get together at that spot was a valid arrest warrant for the individual as well as if the individual surrendered at that spot was a legal process. These are I presume "processes of law" rather than (say) a procedure of the executive. The executive claiming that their procedure is sufficient to execute someone is - politely - novel.
But it is non the big cases that worry me almost America. Its the petty cases because through the petty cases y'all tin move encounter the erosion of the liberties that made America nifty affecting ordinary citizens.
Linked is the New York Post article almost Anna Gristina - the alleged New York madam alongside a roster of high shape clients. Sure I was reading it for salacious details of who the clients powerfulness be. However I flora myself getting to a greater extent than annoyed at the process.
You encounter she is innocent until proven guilty - as well as she is beingness locked upward inward lonely confinement on Rikers Island. Seems rough. But it was the controversy that she was beingness held inward lieu of $2 meg bond that got me. She is a woman nurture of 4 alongside deep connections to the United States. It is going to survive hard to debate she is a major flying risk.
But somehow a $2 meg bond (way to a greater extent than than most people could post) has been asked. This leads me to the 8th amendment:
Somehow nosotros possess got come upward to the decision that $2 meg is non excessive bail. That I am puzzled by. When did America come upward to the decision that unless y'all were real rich y'all should survive locked upward pending trial for victimless crimes? What is it almost the novel American civilisation that does non intend that $2 meg bail is excessive?
Does anybody attention or is Anna Gristina merely unopen to other individual arrested yesteryear constabulary as well as thence guilty until proven innocent?
John
PS. If I had to approximate the bail for a like example inward Commonwealth of Australia - it would survive bailed on her ain surety (that is cypher dollars). Australia's lack of a nib of rights looks pretty adept here.
That said, it is exclusively an improvement on our province of affairs if the constitution is non ignored.
This calendar week nosotros possess got seen an amazing ability catch yesteryear the US Attorney General. To quote Eric Holder:
“Due procedure as well as judicial procedure are non i as well as the same, peculiarly when it comes to national security. The Constitution guarantees due process, non judicial process.”Here is what the constitution says (Fifth Amendment):
No individual shall survive held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except inward cases arising inward the the world or naval forces, or inward the Militia, when inward actual service inward fourth dimension of War or populace danger; nor shall whatsoever individual survive plain of report for the same offense to survive twice set inward risk of life or limb; nor shall survive compelled inward whatsoever criminal example to survive a witness against himself, nor survive deprived of life, liberty, or property, without due procedure of law; nor shall individual holding survive taken for populace use, without merely compensation.I possess got - for the create goodness of the Attorney General - highlighted the relevant section.
Incidentally I possess got quite a bargain of sympathy for extra-judicial execution of a unsafe criminal. "Wanted, dead or alive" posters possess got been move of the American mythology for a reason. But I get together at that spot was a valid arrest warrant for the individual as well as if the individual surrendered at that spot was a legal process. These are I presume "processes of law" rather than (say) a procedure of the executive. The executive claiming that their procedure is sufficient to execute someone is - politely - novel.
But it is non the big cases that worry me almost America. Its the petty cases because through the petty cases y'all tin move encounter the erosion of the liberties that made America nifty affecting ordinary citizens.
Linked is the New York Post article almost Anna Gristina - the alleged New York madam alongside a roster of high shape clients. Sure I was reading it for salacious details of who the clients powerfulness be. However I flora myself getting to a greater extent than annoyed at the process.
You encounter she is innocent until proven guilty - as well as she is beingness locked upward inward lonely confinement on Rikers Island. Seems rough. But it was the controversy that she was beingness held inward lieu of $2 meg bond that got me. She is a woman nurture of 4 alongside deep connections to the United States. It is going to survive hard to debate she is a major flying risk.
But somehow a $2 meg bond (way to a greater extent than than most people could post) has been asked. This leads me to the 8th amendment:
Excessive bail shall non survive required, nor excessive fines imposed, nor barbarous as well as odd punishments inflicted.
Somehow nosotros possess got come upward to the decision that $2 meg is non excessive bail. That I am puzzled by. When did America come upward to the decision that unless y'all were real rich y'all should survive locked upward pending trial for victimless crimes? What is it almost the novel American civilisation that does non intend that $2 meg bail is excessive?
Does anybody attention or is Anna Gristina merely unopen to other individual arrested yesteryear constabulary as well as thence guilty until proven innocent?
John
PS. If I had to approximate the bail for a like example inward Commonwealth of Australia - it would survive bailed on her ain surety (that is cypher dollars). Australia's lack of a nib of rights looks pretty adept here.
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