Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

In America, ALL people accused of a crime, have rights

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:00 PM
Original message
In America, ALL people accused of a crime, have rights
Citizens, both natural born and naturalized, immigrants, documented or not and even foreign visitors all have the same rights to due process. The 4th, 5th, 6th, 7th and 8th Amendments make NO mention of citizenship.

The purpose of the rights of the accused were not just put in the Constitution to protect criminal suspects. It was recognized that our whole society is protected when the individual rights are respected. It is designed to prevent abuse and intimidation by the government and reduces the risk of wrongful prosecution and conviction. All of us are safer when we place due process above expediency.


Printer Friendly | Permalink |  | Top
mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:02 PM
Response to Original message
1. That's so yesterday.
:sarcasm:
Printer Friendly | Permalink |  | Top
 
JuniperLea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:03 PM
Response to Original message
2. We put those rights into the law of the land...
Because we believed that all human beings had those rights. Well stated!
Printer Friendly | Permalink |  | Top
 
leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:03 PM
Response to Original message
3. K&R
Printer Friendly | Permalink |  | Top
 
marmar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:03 PM
Response to Original message
4. Someone should tell that to Nancy Grace.....
Guilty until proven guiltier.


Printer Friendly | Permalink |  | Top
 
MadMaddie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:17 PM
Response to Reply #4
6. I think her show and Greta's show have contributed
to this mentality. I also believe both shows could damage the prosecution of cases and on the reverse side damage the suspects right to defend themselves.
Printer Friendly | Permalink |  | Top
 
Bonobo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:04 PM
Response to Original message
5. Tasers allow cops to be judge, jury and executioner. nt
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:34 PM
Response to Original message
7. Foreign visitors have right to due process?
Under what law or statute? Please show me.
Printer Friendly | Permalink |  | Top
 
ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:41 PM
Response to Reply #7
9. It's called the Bill of Rights
Edited on Wed May-05-10 08:42 PM by ThoughtCriminal
Read the 4th, 5th, 6th, 7th and 8th Amendments. Notice that Citizenship is not mentioned at all.

Link:
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights

"The people", "No person", "The accused", Etc.

Foreign visitors are "People".
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:58 PM
Response to Reply #9
12.  Foreign visitors are "People".
But they are here as guests. As when I travel, I abide by the laws of the country that I am in.Maybe they should too.
Printer Friendly | Permalink |  | Top
 
ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:00 PM
Response to Reply #12
13. They should abide by our laws
And if they accused of a crime, we should abide in ours. The Constitution does not make an exception.

Printer Friendly | Permalink |  | Top
 
alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:02 PM
Response to Reply #12
14. Wow...that post was not very bright
Foreign visitors have the right to due process of law if they are charged with a crime. That's simply a fact. Your post here - that foreign visitors shouldn't commit crimes - is not a response. Obviously they shouldn't, but they still have the right to due process if they are accused. That's why your interlocutor posted a thousand facepalms. Your post was incredibly stupid.
Printer Friendly | Permalink |  | Top
 
ThoughtCriminal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:06 PM
Response to Reply #14
17. Be nice - we're here to learn.
and teach.
Printer Friendly | Permalink |  | Top
 
Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:33 PM
Response to Reply #12
21. way to completely miss the point and demonstrate no understanding
at all of what a right is.
Printer Friendly | Permalink |  | Top
 
fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:49 PM
Response to Reply #12
24. of course foreign visitors *should* obey the law -- as should citizens
Edited on Wed May-05-10 09:49 PM by fishwax
But that doesn't have anything to do with whether or not they're entitled to due process :shrug:
Printer Friendly | Permalink |  | Top
 
William Z. Foster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 01:06 AM
Response to Reply #12
30. the Bill of Rights is law
Why should some laws apply to "guests" and not others?
Printer Friendly | Permalink |  | Top
 
TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:44 PM
Response to Reply #7
10. ......
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:04 PM
Response to Reply #10
15. Take your head slap to a Mexican jail
Then maybe you might understand some rights!!!!!!
Printer Friendly | Permalink |  | Top
 
TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:16 PM
Response to Reply #15
19. Uh, what?
What the fuck does a Mexican jail have to do with the United States' system of justice and Bill of Rights? False equivalency much?
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:29 PM
Response to Reply #19
20. You try going to any other country
and try to pull your "so called" rights.
Printer Friendly | Permalink |  | Top
 
Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:35 PM
Response to Reply #20
22. quite a few countries entertain the concept of 'rights' nt.
Printer Friendly | Permalink |  | Top
 
TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:37 PM
Response to Reply #20
23. How is this line of argument germane to your premise?
Edited on Wed May-05-10 09:43 PM by TransitJohn
I don't get it man. You want to lower the standing of the United States' justice system to align with that of other nations? I thought you guys espousing right wing opinions believed in American exceptionalism.

Edit: word choice for clarity
Printer Friendly | Permalink |  | Top
 
fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:53 PM
Response to Reply #23
25. why is it that the often the same folks so quick to criticize other countries
turn around and suggest that we should emulate them?

It's weird. Like the folks in the immigration debate who clearly hate Mexico and Mexicans, but think that we should model our immigration policy after theirs. Or people who hate the "evil-doers" in the "axis of evil," but get upset that we don't treat suspects here the way they treat suspects there.

It's weird, yet I see it all the time. :shrug:
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 10:21 PM
Response to Reply #25
27. Trust Me
I am not criticizing their laws.What I espressed an opion on,had nothing to do with immigration.Just "been there,done that,got more than a T-Shirt"
Printer Friendly | Permalink |  | Top
 
jdlh8894 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:54 PM
Response to Reply #23
26. Somehow,this went the wrong way.
If I offended or upset anyone,I'm sorry. There are just certain things in in my past I just can't let go of.Please accept this apology.
Printer Friendly | Permalink |  | Top
 
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed May-05-10 09:13 PM
Response to Reply #10
18. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 09:06 PM
Response to Reply #7
16. See the following cases..
US v. Verdugo-Urquidez

Plyler v. Doe

“The illegal aliens who are plaintiffs in these cases challenging the statute may
claim the benefit of the Equal Protection Clause, which provides that no State
shall ‘deny to any person within its jurisdiction the equal protection of the laws.’
Whatever his status under the immigration laws, an alien is a ‘person’ in any
ordinary sense of that term… The undocumented status of these children vel non
does not establish a sufficient rational basis for denying them benefits that the
State affords other residents.”


Wong Wing v. U.S.

“The fourteenth amendment to the constitution is not confined to the protection of
citizens. It says: 'Nor shall any state deprive any person of life, liberty or property
without due process of law; nor deny to any person within its jurisdiction the
equal protection of the law.' These provisions are universal in their application to
all persons within the territorial jurisdiction, without regard to any differences of
race, of color, or nationality; and the equal protection of the laws is a pledge of
the protection of equal laws.' Applying this reasoning to the fifth and sixth
amendments, it must be concluded that all persons within the territory of the
United States are entitled to the protection guarantied by those amendments,
and that even aliens shall not be held to answer for a capital or other infamous
crime, unless on a presentment or indictment of a grand jury, nor be deprived of
life, liberty, or property without due process of law. “


Yick Wo v. Hopkins

the Court ruled that the 14th Amendment's statement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here."
Printer Friendly | Permalink |  | Top
 
TransitJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:40 PM
Response to Original message
8. The idiocy of the Right in this country is exemplified by
their continuous rambling that terrorism isn't a crime, it's an act of war. Even though we haven't been at war for 60 years (Congress ceding its Constitutional authority to declare such to the Executive), that's what their premise is. Insanity. Terrorism has to be a crime. War is waged between states.
Printer Friendly | Permalink |  | Top
 
Kablooie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 01:06 AM
Response to Reply #8
29. I've always said that terrorism requires police action not military action.
Printer Friendly | Permalink |  | Top
 
X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-05-10 08:46 PM
Response to Original message
11. Yup, see..
US v. Verdugo-Urquidez, Plyler v. Doe, Wong Wing v. U.S., Yick Wo v. Hopkins
Printer Friendly | Permalink |  | Top
 
Kablooie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-06-10 01:04 AM
Response to Original message
28. No, there is one exception...
Edited on Thu May-06-10 01:05 AM by Kablooie
People who were accused of terrorist activities by the Bush administration did not have rights.

Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun May 12th 2024, 12:09 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC