Wednesday, May 11, 2011

The Constitution: The Fifth Amendment

Now, this is the meat of free men every where.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


they say this comes from English common law and the Magna Carta.  I think they still teach the Magna Carta in school.  It is the foundation of civilization like the Clovis's point and beer.  It seems so simple.  I pleaded No Contest once.  I was not saying I was guilty but you can punish me if you want.  I think Judges like to throw big ass books at No Contest pleaders.  Two weekends in the poky and 100 hours community service for peeing on the a street signs.  My initial defense was, "Dogs do it"  The judge said, Dogs are stupid! They cannot help themselves.  Would I like to change my plea?  I could see his line of thinking and I remembered what my Dad always said, "If you don't know what you are talking about, stop talking.


1.  You do not have to tell on yourself. Although the honor of the playground says you take responsibility  for what you did.  But this should keep down on people being tortured unless the definition of torture is so wide you can fly a B-52 through its gullet.  Although, with my kids, they always tell on themselves.  They say "no, not me" but their eyes and body language say, "Dad, don't kill me".


2.  You cannot be held for a crime unless there is some evidence and some people agree you should be held until this thing is worked out.  For instance, If Boomer is grabbed on the street while carrying a tv because someone just robbed a tv store, I think he can be tie wrapped and held for a little while, until the popos get a little more info. He is not guilty so you cannot smack him around or tune up your bang stick on him.  And he cannot be held for an unreasonable amount of time just because he has a tv under his arm.


3.  Also, they kinda threw a link to the third amendment about grabbing your property without reason or compensation if they sell it or something.  If they take your taxi like they do in the movies for police business, they cannot keep it and take fares and shit for a week.  


4.  There is some crappola about in times of war and so on once again, Bush did declare war on drugs and aliens.  War changes everything.


5.  It specifies that this amendment is for big, serious kinda misadventures.  Not like outing a national secret agent, or arming foreign governments with drug seizure money and for sure not for lying to Congress.  Lying to liars is ok in most school yards.


6.  People accused of a crime have the right to face the accuser.  Well, unless they are the ugly, gruesome spawn of the most unholy wal-martians.  Then that would be covered under some other amendment, being punished before being convicted I mean.

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