the facts and just the facts about diverse topics--the kind that involve at least a short explanation
Thursday, July 19, 2012
search and seizure
The United States Constitution guarantees that we will be secure in our "persons, papers, houses and effects, against unreasonable searches and seizures". That is why the police need a search warrant to enter your home and look for something ( unless they have your permission ). The search warrant comes from a judge who has heard the testimony of the police as to what they want to search for, and why they think you have it. The search warrant states what the police are looking for, and where they may look for it ( usually an address ). They may only look in places where the thing ( or things ) might be. For example, if they are looking for a stolen bicycle, there is no point in opening cabinets or dresser drawers to look for it--that would be "unreasonable".
Wednesday, July 18, 2012
bail
The purpose of bail is to assure that a defendant will appear at his or her trial. An accused person may be released upon posting bail--depositing a sum of money with the court, which will be returned when the defendant appears in court for trial. The Constitution of the United States ( Amendment VIII ) guarantees that there will be no "excessive bail" required. Excessive bail would be bail that the defendant couldn't pay, not even with a bail bond. The purpose of bail is to assure appearance at trial, not to keep the accused in jail. When bail is used in this way, it may be considered "excessive".
There are legal means to refuse bail to an accused, who would then have to await trial in jail. This isn't done very often, but if a case can't be made for it, excessive bail may not be used as a substitute for denying bail.
There are legal means to refuse bail to an accused, who would then have to await trial in jail. This isn't done very often, but if a case can't be made for it, excessive bail may not be used as a substitute for denying bail.
Tuesday, July 17, 2012
dollar votes
We all have "dollar votes", although some of us have more "dollar votes" than others. A "dollar vote" isn't the same as a political vote. Each person gets only one political vote. Dollar votes are the choices we make with the money we spend. If we like something, or need it, and we buy it, then we have cast "dollar votes". If we don't like something, and we don't buy it, we are casting dollar votes, too. Providers of goods and services try to make things that we will want to buy. If we don't buy them, they stop making them, and make something else instead--because of our "dollar votes".
Monday, July 16, 2012
subpoena
Subpoena is Latin for "under penalty", meaning a legal penalty. Someone who has been sent a subpoena has been ordered to appear in court to testify--to be a witness in a court case. The Constitution of the United States, Amendment VI, guarantees the right of the accused to have "compulsory process for obtaining witnesses in his favor", so the subpoena is not merely an instrument for the government. If the accused claims that he or she has an alibi, and that someone can bear witness to that alibi, the court will send a subpoena to force the person to appear in court--the same subpoena that would be sent to a witness for the prosecution.
Friday, July 13, 2012
judges
There are different "kinds" of judges, who sit in different kinds of courts, and we get them in different ways. Some judges are appointed, some are elected. Judges are often lawyers with at least several years of experience, but being a law school graduate isn't usually a requirement for the job.
You may be more familiar with the appointment of judges, as it is often covered on television. The president appoints a judge, or a justice ( a judge who sits on the Supreme Court ), and the Senate confirms the appointment. If the senate refuses to confirm the appointment, the president has to choose someone else. Appointed judges usually serve "during good behavior". They can be removed from the bench for corruption or criminal activity. Judges are appointed to some courts because many people believe that since they will not be under the political pressure of running for office, it is unlikely that anyone could corrupt or bribe them.
Other judges may be elected, as the judges in state courts often are. You can look for them on your ballot when you go to the polls to vote. Elected judges usually serve a term of years, and then they must run for office again.
You may be more familiar with the appointment of judges, as it is often covered on television. The president appoints a judge, or a justice ( a judge who sits on the Supreme Court ), and the Senate confirms the appointment. If the senate refuses to confirm the appointment, the president has to choose someone else. Appointed judges usually serve "during good behavior". They can be removed from the bench for corruption or criminal activity. Judges are appointed to some courts because many people believe that since they will not be under the political pressure of running for office, it is unlikely that anyone could corrupt or bribe them.
Other judges may be elected, as the judges in state courts often are. You can look for them on your ballot when you go to the polls to vote. Elected judges usually serve a term of years, and then they must run for office again.
Thursday, July 12, 2012
spectators
You may be surprised, the first time you go to court, to see an audience. These are just members of the public, and are usually called "spectators". Some of them may have an interest in a case being tried--perhaps they are family members or friends of a defendant, a witness, or a victim. Some may just be interested in what is going on because they saw it on TV, or read about it in the newspaper. And some people just think that what goes on in a court is interesting. They are there because the United States Constitution guarantees the accused "the right to a speedy and public trial". This is part of the VI ( 6th ) Amendment. Anyone can usually sit and watch any trial, as long as he or she doesn't make noise or interrupt. You can try it for yourself. If you need to leave before it is over, leave quietly--or ask about that when you go in.
The "public trial" provision in our Constitution is to make sure that a trial is conducted fairly for everyone. Since there are witnesses, everyone has to behave and follow proper court procedure. I don't know if a trial has to be postponed if there are no spectators, but it probably should be--after all, it wouldn't be a public trial. An accused who was convicted in a trial with no spectators might later claim that his or her trial was unfair or unconstitutional. He or she would probably be granted a new trial--so the spectators aren't merely allowed to watch the court--they are necessary.
The "public trial" provision in our Constitution is to make sure that a trial is conducted fairly for everyone. Since there are witnesses, everyone has to behave and follow proper court procedure. I don't know if a trial has to be postponed if there are no spectators, but it probably should be--after all, it wouldn't be a public trial. An accused who was convicted in a trial with no spectators might later claim that his or her trial was unfair or unconstitutional. He or she would probably be granted a new trial--so the spectators aren't merely allowed to watch the court--they are necessary.
Wednesday, July 11, 2012
double jeopardy
If you look for the phrase "double jeopardy", you may find the popular game show, instead of the Constitution of the United States. The Constitution guarantees us that we will not be "twice put in jeopardy of life or limb" for the same offense. This is often called "double jeopardy". The quote is from Amendment V ( the 5th Amendment ) to the U.S. Constitution, one of the "top ten" that make the "Bill of Rights".
The guarantee against double jeopardy means that once a person is tried and acquitted, he or she cannot be tried again on the same charge ( offense ). If the prosecutor finds new evidence, and the person has already been tried and acquitted, there will not be a new trial--it's just over.
A person who has been tried and convicted retains the right to appeal his or her conviction, which will mean a new hearing, if the appeal is granted. A person who believes that his or her trial was unfair may ask for a new trial. Appeals and new trials are only granted to those convicted of crimes, and never to the government.
The guarantee against double jeopardy means that once a person is tried and acquitted, he or she cannot be tried again on the same charge ( offense ). If the prosecutor finds new evidence, and the person has already been tried and acquitted, there will not be a new trial--it's just over.
A person who has been tried and convicted retains the right to appeal his or her conviction, which will mean a new hearing, if the appeal is granted. A person who believes that his or her trial was unfair may ask for a new trial. Appeals and new trials are only granted to those convicted of crimes, and never to the government.
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