Free Essays on Constitutional Law

Constitutional Law Bill of Rights in the constitutional law of American history is the term that usually signifies the first 10 amendments to the Constitution of the United States. These amendments, more precisely the first eight of them, specify certain basic freedoms and procedural safeguards of which the individual may not be deprived by governmental power. Taken together, these specified freedoms and protections are the core of American civil liberty and provide the constitutional basis for judicial protection of the rights of the individual. Of particular importance are the provisions of the 1st Amendment (freedoms of religion, speech, press, assembly, and petition); the 4th Amendment (prohibition of unreasonable searches and seizures); the 5th Amendment (prohibitions against double jeopardy and self-incrimination; no taking of life, liberty, or property without due process of law; requirement of fair compensation when private property is taken for public use); the 6th Amendment (procedural safegu ards in criminal prosecutions); and the 8th Amendment (prohibitions against excessive bail and cruel and unusual punishments)( Gerald Gunther ,1976). According to three strikes law If a person commits any felony after March 7, 1994 and If the person has one previous "violent" or "serious" felony conviction (which includes burglary of an unoccupied dwelling), he or she is sentenced to twice the term prescribed by law for each new felony (and must serve at least 80% of the sentence). If the person has two previous violent or serious felony convictions, he or she is sentenced to a life sentence with the possibility of parole. The minimum term of the life sentence is calculated as the greater of the following: a. Three times the term otherwise provided b. 25 years c. The term determined by the court pursuant to other applicable sentencing provisions of existing law. The definitions for â€Å"violent† and â€Å"serious† felonies differ ... Free Essays on Constitutional Law Free Essays on Constitutional Law Constitutional Law Bill of Rights in the constitutional law of American history is the term that usually signifies the first 10 amendments to the Constitution of the United States. These amendments, more precisely the first eight of them, specify certain basic freedoms and procedural safeguards of which the individual may not be deprived by governmental power. Taken together, these specified freedoms and protections are the core of American civil liberty and provide the constitutional basis for judicial protection of the rights of the individual. Of particular importance are the provisions of the 1st Amendment (freedoms of religion, speech, press, assembly, and petition); the 4th Amendment (prohibition of unreasonable searches and seizures); the 5th Amendment (prohibitions against double jeopardy and self-incrimination; no taking of life, liberty, or property without due process of law; requirement of fair compensation when private property is taken for public use); the 6th Amendment (procedural safegu ards in criminal prosecutions); and the 8th Amendment (prohibitions against excessive bail and cruel and unusual punishments)( Gerald Gunther ,1976). According to three strikes law If a person commits any felony after March 7, 1994 and If the person has one previous "violent" or "serious" felony conviction (which includes burglary of an unoccupied dwelling), he or she is sentenced to twice the term prescribed by law for each new felony (and must serve at least 80% of the sentence). If the person has two previous violent or serious felony convictions, he or she is sentenced to a life sentence with the possibility of parole. The minimum term of the life sentence is calculated as the greater of the following: a. Three times the term otherwise provided b. 25 years c. The term determined by the court pursuant to other applicable sentencing provisions of existing law. The definitions for â€Å"violent† and â€Å"serious† felonies differ ...