Accused

Accused, in their own words

What happens: before the Revolution, the king's customs officers in Massachusetts carried papers called “writs of assistance”. (Customs officers collected the tax on goods shipped in.) A writ like that let an officer search any house, shop or ship he chose for goods that had come in without the tax being paid. He didn't have to give a reason, and no judge checked first. In 1761 the Boston lawyer James Otis spent hours in court arguing against them. John Adams was in the room. Years later he wrote: “Then and there the child Independence was born.”

The Fourth Amendment: “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.”

What it means: to be secure is to be safe. Your effects are your belongings: your gear, your truck, your rifle. A seizure is the government taking something, or someone. A warrant is a judge's written order. To get one, the government needs probable cause, a real reason, and someone has to swear it's true (that's the “Oath or affirmation”). The warrant also has to name the exact place and the thing being looked for. That ends “search anywhere you like”.

The Fifth Amendment, the parts about the accused: “No person shall … 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 …”

What it means: an offence is a crime. To be “put in jeopardy” is to be put on trial, at risk of losing your life or your freedom. Once you're found not guilty, you can't be tried again for the same crime. “Compelled” means forced, so no one can make you testify against yourself. “Deprived … without due process of law” means nothing can be taken from you, whether it's your freedom, your property or your life, unless the government follows fair rules that were set in advance.

The Sixth Amendment: “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, … 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.”

What it means: a criminal prosecution is a case where the government charges someone with a crime. The jury comes from the area where the crime happened, and it has to be impartial, which means it doesn't take sides. The accused is told what he's charged with (“the nature and cause of the accusation”), and the witnesses against him have to face him. “Compulsory process” means the court can order his own witnesses to come. Counsel is a lawyer.

What happens: the colonists had complained about juries before. One of the charges against the king in the Declaration of Independence (1776) was “For depriving us in many cases, of the benefits of Trial by Jury”. British courts had tried some cases, smuggling among them, with only a judge and no jury.

The Seventh Amendment: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved …”

What it means: a suit, or lawsuit, is a case over money or damage, not a crime. Common law is the way English courts had always handled those cases. “The value in controversy” is how much money the fight is about. “Exceed” means go over, and “preserved” means kept. In 1791, twenty dollars was weeks of pay for a working man. The Seventh covers the national (federal) courts. Each state has its own jury rules for its own courts.

What happens: the Eighth was already old in 1791. England's Bill of Rights of 1689 used almost the same words. Americans saw it as their right too, so they wrote it in.

The Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

What it means: bail is money paid to the court so the accused can go home until his trial, and he gets it back when he shows up. Excessive means far too much. Imposed and inflicted both mean put on someone. So the Eighth sets limits before the trial (bail) and after it (fines and punishments). Those limits hold even for a man found guilty.

The Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (Enumeration means listing. Construed means read to mean. To disparage something is to put it down.) Listing some rights doesn't make them the only ones. The people keep the rest.

The Tenth Amendment: “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.” Delegated means handed over, prohibited means forbidden and reserved means kept. Any power the national government was never given stays with each state, or with the people. That's why Michigan sets its own hunting seasons and the age you can start to drive.