In last week’s blog, I proposed a dialogue process for local community to listen and reflect on the first 4 Amendments of the Bill of Rights. This week, we continue with a dialogue on Amendments V and VI, both of which have to do with proceedings in the court of law in the United States. If you watched television’s numerous courtroom drama shows in the United States, you have been exposed to phrases like double jeopardy, no one is compelled to be a witness against himself, due process of law, a speedy and public trial, impartial jury, etc. These famous phrases all came from these two Amendments. There are probably volumes of book and cases written in the interpretations of these terms and phrases. The purpose of our dialogue process is not to replace the kind of teachings, debates and interpretations taught in law school or how they are used in the court of law. Our purpose is for you and members of your community to listen to the original text on which so much of what goes on in the U.S. legal system depends. We are simply inviting the participants to listen to them and to attempt to understand them and even interpret them as they relate to their own experiences. If there are lawyers or judges in the group, please invite them to refrain from giving their legal opinion until everyone in the group has shared their thoughts.
Why are these “rights” for people living in a democracy? How do these rights enable us to discern the truth? Why are these rights important to create a sustainable community? If we don't have these rights spelled out in the constitution of the nation, what would happen to the poor and powerless in our society? Even though these are explicit rights for all members of our society, how have the U.S. system not honored them for certain groups or individuals? In the context of the upcoming election, which candidate running for public office will use the power given to them to uphold these right for all and not just for the powerful few?
Amendment V.
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 offence 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.
Amendment VI.In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
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Dialogue Process:
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Reflection Questions for Proper 18(Year B Proverbs 22:1-2, 8-9,
22-23 Psalm 125 James 2:1-17 Mark 7:24-37 |
Eric H. F. Law
Kaleidoscope Institute
For competent leadership in a diverse changing world
www.kscopeinstitute.org
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Dates set for 2013 Opportunity to Study with The Sustainist: April 15-19 July 15-19 August 19-23 Register at: www.kscopeinstitute.org |
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