Need help with the History of Prison Law unit 1 individual project

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Question Description

Prisoner rights in America are based largely on the provisions of the Bill of Rights. In this assignment, you will research the U.S. Bill of Rights and explain its major provisions. You should address the impact that the Bill of Rights has had on the field of criminal justice, corrections, and prisoners' rights. Also, explain how the Bill of Rights is applied at the state level.

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Dr JIMSA
School: Purdue University

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Amendment I (1): Freedom of religion, speech, and the press; rights of assembly and petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II (2): Right to bear arms
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III (3): Housing of soldiers
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV (4): Search and arrest warrants
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V (5): Rights in criminal cases
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 (6): Rights to a fair trial
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.

Amendment VII (7): Rights in civil cases
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII (8): Bails, fines, and punishments
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX (9): Rights retained by the people
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Amendment X (10): Powers retained by the states and the people
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


How the Bill of Rights is applied at the state level.

Prior to adoption and subsequent ratification of the 14th Amendment, the
Supreme Court consistently held that the Bill of Rights applied specifically to
the Federal Government. Inclusion into State law arose in the early 1890s when
a series of Supreme Court questioned the credibility of the first 10 Amendments
on a State level. 

The two most notable Supreme Court cases which sparked the genesis of the
incorporation doctrine were Chicago, Burlington and Quincy
Railroad v. City of Chicago
 (1897) and Gitlow vs. New York (1925). In each of these
cases, the Supreme Court ruled that the individual State governments were bound
to uphold the particular civil liberties awarded in the Constitution.

Please let me know if you need any clarification. I'm always happy to answer your questions.

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Anonymous
Thanks, good work

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