Newnan Pratlaw's Posts On Hot Legal Topics

October 12, 2009


Filed under: Uncategorized — thebigpraetor @ 10:52 am

Once upon a time crime was defined and governed by ancient common law from England and that from the Romans. Our forefathers brought it over from England and incorporated it into written laws called statutes. The first law governing criminal law in the United States is set forth in the Constitution in Article 3 wherein it was mandated that “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”. The second was the 4th amendment prohibiting unreasonable searches and seizures and warrant issuance except on probably cause supported by oath and particularly describing the place to be searched and the person or things to be seized. Then the 5th and 6th and 8th amendments put further restrictions on the government regarding the prosecution of crimes. Why? Because of the preambles mandate that the Constitutions purpose was to “…Secure the Blessings of Liberty to ourselves and our posterity.”

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