Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Bill of Rights
1987
Article III
1973
Article IV (Article
Citizenship)
III
was
about
1935
Article III
US
1935
SECTION 1. (1) No person shall be
deprived of life, liberty, or property
without due process of law, nor shall
any person be denied the equal
protection of the laws.
US
Article [V] (Amendment 5 - Rights of
Persons)
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.
xxx
Article XIV (Amendment 14 - Rights
Guaranteed:
Privileges
and
Immunities
of
Citizenship,
Due
Process, and Equal Protection)
1: All persons born or naturalized in
the United States, and subject to the
jurisdiction thereof, are citizens of the
United States and of the State
wherein they reside. No State shall
make or enforce any law which shall
abridge the privileges or immunities
1973
SEC. 3. The right of the people to be
secure in their persons, houses,
papers,
and
effects
against
unreasonable searches and seizures
of whatever nature and for any
purpose shall not be violated, and no
search warrant or warrant of arrest
shall issue except upon probable
cause to be determined by the judge,
or such other responsible officer as
may be authorized by law, after
examination
under
oath
or
affirmation of the complainant and
the witnesses he may produce, and
particularly describing the place to be
searched, and the persons or things
to be seized.
1973
SEC. 9. No law shall be passed
abridging the freedom of speech, or
of the press, or the right of the
people peaceably to assemble and
petition the Government for redress
1935
Section 1. (3) 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,
to be determined by the judge after
examination
under
oath
or
affirmation of the complainant and
the witnesses he may produce, and
particularly describing the place to be
searched, and the persons or things
to be seized.
US
Article [IV] (Amendment 4 - Search
and Seizure)
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.
1935
Section 1. (5) The privacy of
communication and correspondence
shall be inviolable except upon lawful
order of the court or when public
safety and order require otherwise.
US
1935
Section 1. (8) No law shall be passed
abridging the freedom of speech, or
of the press, or the right of the
people peaceably to assemble and
petition the Government for redress
US
Article [I] (Amendment 1 - Freedom of
expression and religion)
Congress
shall
make
no
law
respecting an establishment
of
religion, or prohibiting the free
government
grievances.
for
redress
of
of grievances.
of grievances
1973
SEC. 8. No law shall be made
respecting an establishment
of
religion, or prohibiting the free
exercise thereof. The free exercise
and enjoyment of religious profession
and worship, without discrimination
or preference, shall forever be
allowed. No religious test shall be
required for the exercise of civil or
political rights.
1935
Section 1. (7) No law shall be made
respecting an establishment
of
religion, or prohibiting the free
exercise thereof, and the free
exercise and enjoyment of religious
profession and worship, without
discrimination or preference, shall
forever be allowed. No religious test
shall be required for the exercise of
civil or political rights.
US
Article [I] (Amendment 1 - Freedom of
expression and religion)
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.
1973
SEC. 5. The liberty of abode and of
travel shall not be impaired except
upon lawful order of the court, or
when necessary in the interest of
national security, public safety, or
public health.
1935
Section 1. (4) The liberty of abode
and of changing the same within the
limits prescribed by law shall not be
impaired.
US
1973
SEC. 6. The right of the people to
information on matters of public
concern shall be recognized. Access
to official records, and to documents
and papers pertaining to official acts,
transactions, or decisions, shall be
afforded the citizen subject to such
limitations as may be provided by
law.
1935
US
1987
Section 8. The right of the people,
including those employed in the
public and private sectors, to form
unions, associations, or societies for
purposes not contrary to law shall not
be abridged.
1973
SEC. 7. The right to form associations
or societies for purposes not contrary
to law shall not be abridged.
1935
Section 1. (6) The right to form
associations or societies for purposes
not contrary to law shall not be
abridged.
US
1935
Section 1. (2) Private property shall
not be taken for public use without
just compensation.
US
Article [V] (Amendment 5 - Rights of
Persons)
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.
1935
Section 1. (10) No law impairing the
obligation of contracts shall be
passed.
US
Article I (Article 1 - Legislative)
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or
1973
SEC. 11.
obligation
passed.
1973
SEC. 23. Free access to the courts
shall not be denied to any person by
reason of poverty.
1935
Section 1. (21) Free access to the
courts shall not be denied to any
person by reason of poverty.
of
of
US
1973
SEC. 20. No person shall be
compelled to be a witness against
himself.
Any
person
under
investigation for the commission of
an offense shall have the right to
remain silent and to counsel, and to
be informed of such right. No force,
violence, threat, intimidation, or any
other means which vitiates the free
will shall be used against him. Any
confession obtained in violation of
this section shall be inadmissible in
evidence.
1935
US
Article [V] (Amendment 5 - Rights of
Persons)
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.
Article [VI] (Amendment 6 - Rights of
Accused in Criminal Prosecutions)
In all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial, by an
Miranda v. Arizona 384 U.S. 436 (1966). FACTS: On March 13, 1963, Ernesto Miranda, was arrested at his home and taken in custody to a Phoenix police station. He was there identified by the
complaining witness. The police then took him to "Interrogation Room No. 2" of the detective bureau. There he was questioned by two police officers. The officers admitted at trial that Miranda was not
advised that he had a right to have an attorney present. [n66] Two hours later, the [p492] officers emerged from the interrogation room with a written confession signed by Miranda. At the top of the
statement was a typed paragraph stating that the confession was made voluntarily, without threats or promises of immunity and "with full knowledge of my legal rights, understanding any statement I
make may be used against me. At his trial before a jury, the written confession was admitted into evidence over the objection of defense counsel, and the officers testified to the prior oral confession
made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently. On
appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession, and affirmed the conviction.
The Warren Court held that it is clear that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be
compelled to incriminate himself effectively protected in any other manner. Without these warnings, the statements were inadmissible. The mere fact that he signed a statement which contained a typedin clause stating that he had "full knowledge" of his "legal rights" does not approach the knowing and intelligent waiver required to relinquish constitutional rights.
The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to
secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a
continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may
be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made
voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning.
Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or
volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.
1973
SEC. 18. All persons, except those
charged with capital offenses when
evidence of guilt is strong, shall,
before conviction, be bailable by
sufficient sureties. Excessive bail
shall not be required.
1935
Section 1. (16) All persons shall
before conviction be bailable by
sufficient sureties, except those
charged with capital offenses when
evidence of guilt is strong. Excessive
bail shall not be required.
US
Article [VIII] (Amendment 8 - Further
Guarantees in Criminal Cases)
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments
inflicted.
1935
Section 1. (15) No person shall be
held to answer for a criminal offense
without due process of law.
US
Article [VI] (Amendment 6 - Rights of
Accused in Criminal Prosecutions)
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
xxx
xxx
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Self-Incrimination (R)
1987
Section 17. No person shall be
compelled to be a witness against
himself.
1973
SEC. 15. The privilege of the writ of
habeas
corpus
shall
not
be
suspended except in cases of
invasion, insurrection, rebellion, or
imminent danger thereof, when the
public safety requires it.
1935
Section 1. (14) The privilege of the
writ of habeas corpus shall not be
suspended except in cases of
invasion, insurrection, or rebellion,
when the public safety requires it, in
any of which events the same may
be suspended wherever during such
period the necessity for such
suspension shall exist.
US
Article I (Article 1 - Legislative)
Section 9
1973
SEC. 16. All persons shall have the
right to a speedy disposition of their
cases before all judicial, quasijudicial, or administrative bodies.
1935
US
1973
SEC. 20. No person shall be
compelled to be a witness against
himself.
Any
person
under
investigation for the commission of
an offense shall have the right to
remain silent and to counsel, and to
be informed of such right. No force,
violence, threat, intimidation, or any
other means which vitiates the free
will shall be used against him. Any
confession obtained in violation of
this section shall be inadmissible in
evidence.
1935
Section 1. (18) No person shall be
compelled to be a witness against
himself.
US
Article [V] (Amendment 5 - Rights of
Persons)
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.
11
1973
SEC. 14. No involuntary servitude in
any form shall exist except as a
punishment for a crime whereof the
party shall have been duty convicted.
1935
n/a
US
1935
Section 1. (13) No involuntary
servitude in any form shall exist
except as a punishment for crime
whereof the party shall have been
duly convicted.
US
Article XIII (Amendment 13 - Slavery
and Involuntary Servitude)
Neither slavery nor involuntary
servitude, except as a punishment for
crime whereof the party shall have
been duly convicted, shall exist
within the United States, or any place
subject to their jurisdiction.
Congress shall have power to enforce
this article by appropriate legislation.
1973
SEC. 21. Excessive fines shall not be
imposed, nor cruel or unusual
punishment inflicted.
1935
Section 1. (19) Excessive fines shall
not be imposed, nor cruel and
unusual punishment inflicted.
US
Article [VIII] (Amendment 8 - Further
Guarantees in Criminal Cases)
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments
inflicted.
12
1973
SEC. 13. No person shall be
imprisoned for debt or non-payment
of a poll tax.
1935
Section 1. (12) No person shall be
imprisoned for debt or nonpayment
of a poll tax.
US
13
1973
SEC. 22. No person shall be twice put
in jeopardy of punishment for the
same offense. If an act is punished by
a law and an ordinance, conviction or
acquittal under either shall constitute
a bar to another prosecution for the
same act.
1935
Section 1. (20) No person shall be
twice put in jeopardy of punishment
for the same offense. If an act is
punished by a law and an ordinance,
conviction or acquittal under either
shall constitute a bar to another
prosecution for the same act.
US
Article [V] (Amendment 5 - Rights of
Persons)
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.
1935
Section 1. (11) No ex post facto law
or bill of attainder shall be enacted.
US
Article I (Article 1 - Legislative)
Section 9
3: No Bill of Attainder or ex post facto
Law shall be passed.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of
Contracts, or grant any Title of
Nobility.
14
15
1935
Section 1. (9) No law granting a little
of nobility shall be enacted, and no
person holding any office of profit or
trust shall, without the consent of the
National
Assembly,
accept
any
present, emolument, office, or title of
any kind whatever from any foreign
state.
US
Article I (Article 1 - Legislative)
Section 9
8: No Title of Nobility shall be granted
by the United States: And no Person
holding any Office of Profit or Trust
under them, shall, without the
Consent of the Congress, accept of
any present, Emolument, Office, or
Title, of any kind whatever, from any
King, Prince, or foreign State.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of
Contracts, or grant any Title of
Nobility.
16