Citizen & Human Rights Essay, Research Paper

Core 100 Section 5341First Assignment – Citizen/Human Rights10/22/98 How many rights do you have? You should check, because it might not be as many today as it was a few years ago, or even a few months ago. Three of the original ten US Constitutional amendments that I consider especially important and are similar to the ones found in the French Rights of Man and the UN Universal Declaration of Human Rights are amendments I, III, and VIII.Amendment I establishes religion, speech, assembly and press which is similar to article 11 found in the French Rights of Man and articles 18,19, and 20 in the UN Universal Declaration of Human Rights. What is freedom of religion, speech, assembly, and press? Free exercise of religion: Robert Newmeyer and Glenn Braunstein were jailed in 1988 for refusing to stand in respect for a judge. Braunstein says the tradition of rising in court started decades ago when judges entered carrying Bibles. Since judges no longer carry Bibles, Braunstein says there is no reason to stand — and his Bible tells him to honor no other God. For this religious practice, Newmeyer and Braunstein were jailed and are now suing.Free exercise of speech: There are also laws to limit political statements and contributions to political activities. In 1985, the Michigan Chamber of Commerce wanted to take out an advertisement supporting a candidate in the state house of representatives. But a 1976 Michigan law prohibits a corporation from using its general treasury funds to make independent expenditures in a political campaign. In March, the Supreme Court upheld that law. According to dissenting Justice Kennedy, it is now a felony in Michigan for the Sierra Club, the American Civil Liberties Union, or the Chamber of Commerce to advise the public how a candidate voted on issues of urgent concern to their members.Free exercise of press: As in speech, technology has provided another excuse for government intrusion in the press. If you distribute a magazine electronically and do not print copies, the government doesn’t consider you a press and does not give you the same protections courts have extended to printed news. The equipment used to publish Phrack, a worldwide electronic magazine about phones and hacking, was confiscated after publishing a document copied from a Bell South computer entitled “A Bell South Standard Practice (BSP) 660-225-104SV Control Office Administration of Enhanced 911 Services for Special Services and Major Account Centers, March, 1988.” All of the information in this document was publicly available from Bell South in other documents. The government has not alleged that the publisher of Phrack, Craig Neidorf, was involved with or participated in the copying of the document. Also, the person who copied this document from telephone company computers placed a copy on a bulletin board run by Rich Andrews. Andrews forwarded a copy to AT&T officials and cooperated with authorities fully. In return, the Secret Service (SS) confiscated Andrews’ computer along with all the mail and data that were on it. Andrews was not charged with any crime.Exercise of peaceable assembly: The right to assemble peaceably is no longer free, you have to get a permit. Even that is not enough; some officials have to be sued before they realize their reasons for denying a permit is not constitutional.The US Constitution gives more leeway to its people and is not as much governed similar to articles 18, 19, and 20 of the UDHR. On the other hand article 11 of the French Rights of Man is totally opposite in viewing how much freedom of what they can do and say is given to them and states that any citizen caught abusing his freedom will be prosecuted as it is defined by law.

Amendment 4 establishes search and seizure which is similar to article 17 found in the French Rights of Man and article 17 in the UN Universal Declaration of Human Rights. What are searches and seizures?Particularly describing the place to be searched and persons or things to be seized: Today s warrants do not particularly describe the things to be seized — they list things that might be present. For example, if police are making a drug raid, they will list weapons as things to be searched for and seized. This is done not because the police know of any weapons and can particularly describe them, but because they allege people with drugs often have weapons. There is really no difference between amendment 4 of the US Constitution and article 17 of both the UN Universal Declaration of Human Rights and French Rights of Man. All three amendments state that everyone has the right to own their property without it being taken away unless that person(s) have proof to do so. Article 17 of the UN Universal Declaration of Human Rights is only different in a way that it doesn t state whether the property can be taken away. It only states that they have the right to own property and that they cannot be deprived of it.Amendment 8 establishes bail, cruel and unusual punishment which is similar to article 8 found in the French Rights of Man and article 5 in the UN Universal Declaration of Human Rights. What is excessive bail, cruel and unusual punishment?Excessive bail and fines: Tallahatchie County in Mississippi charges ten dollars a day to each person who spends time in the jail, regardless of the length of stay or the outcome of their trial. This means innocent people are forced to pay. Marvin Willis was stuck in jail for 90 days trying to raise $2,500 bail on an assault charge. But after he made that bail, he was kept imprisoned because he could not pay the $900 rent Tallahatchie demanded. Nine former inmates are suing the county for this practice.Cruel and unusual punishments: A life sentence for selling a quarter of a gram of cocaine for $20 — that is what Ricky Isom was sentenced to in February in Cobb County, Georgia. It was Isom’s second conviction in two years, and state law imposes a mandatory sentence. Even the judge pronouncing the sentence thinks it is cruel; Judge Tom Cauthorn expressed grave reservations before sentencing Isom and Douglas Rucks (convicted of selling 3.5 grams of cocaine in a separate but similar case). Judge Cauthorn called the sentences “Draconian.”Amendment 8 of the US Constitution is more similar then different to article 8 of the French Rights of Man and article 5 of the UN Universal Declaration of Human Rights. All three amendments state that there shall be no cruel and unusual punishment inflicted on a person(s). The only real difference between these amendments is that article 8 of the French Rights of Man and article 5 of the UN Universal Declaration of Human Rights doesn t state anything about excessive bail and how is shall not be required.Three rights that are listed in the UDHR that are not included in the US Constitution Bill of Rights and the French Rights of Man. These three rights are 1) Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holiday with pay , 2) Article 26 Everyone has the right to education , and 3) Article 25 Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.