During the course of the legal proceedings, you will occasionally hear the prosecutor or the defense attorney make reference to specfic Amendments to the United States Constitution. Listed below, as defined in Black's Law Dictionary, is an explanation of the amendments most commonly referred to in homicide cases.
First Amendment - The first amendment to the United States Constitution Guarantees basic freedoms of speech, religion, press, and assembly, and the right to petition the government for redress of grievances. The various freedoms and right protected by the First Amendment have been held applicable to the states through the due process clause of the Fourteenth Amendment.
Fourth Amendment - Amendment to the United States Constitution guaranteeing people the right to be secure in their homes and property against unreasonable searches and seizures, and providing that no warrants shall be issued except upon probable cause, and then only as to specific places to be searched and persons and things to be seized.
Fifth Amendment - Provides that no person shall be required to answer for a capital or otherwise infamous offense unless on indictment or presentment of a grand jury except in military cases; that no person will suffer double jeopardy; that no person will be compelled to be a witness against himself; that no person shall be deprived of life, liberty, or property without due process of law, and that private property will not be taken for public use without just compensation.
Sixth Amendment - The sixth Amendment of the United States Constitution includes such right as the right to a speedy and public trial by an impartial jury, right to be informed of the nature of the accusation, the right to confront witnesses, the right to assistance of counsel and compulsory process.
Eighth Amendment - The amendment to the United States Constitution added in 1791 which prohibits excessive bail, excessive fines, and cruel and unusual punishment.
Fourteenth Amendment - The Fourteenth Amendment to the Constitution of the United States, ratified in 1868 creates, or at least recognizes for the first time, a citizenship of the United States, as distinct from that of the states; forbids the making or enforcement by any state of any law abridging the privileges and immunities of citizens of the United States; and secures all "persons" against any state action which results in either deprivation of life, liberty, or property without due process of law, or, in denial of the equal protection of the laws. This Amendment also contains provision concerning the apportionment, i.e., the process by which legislative seats are distributed among units entitled to representation of representatives in Congress.
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Commonly Referred To Amendments To The Constitution