Submitted by LocalBearEnthusiast t3_y77yjq in washingtondc
Brickleberried t1_isuu79i wrote
Reply to comment by The_Sauce_DC in D.C. Council Prepares To Vote On Overhaul Of Criminal Code by LocalBearEnthusiast
That might be how it's done, but that's in direct opposition to the plain language of the Constitution.
Article 3, Section 2: > The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
That doesn't say anything about the severity of crime or the potential punishment of the crime. It says "all Crimes".
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, 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.
This also doesn't specify anything about the severity of the crime or the potential punishment.
The Supreme Court just made up shit, as it is wont to do: https://en.wikipedia.org/wiki/Baldwin_v._New_York
[deleted] t1_isvtqa9 wrote
[deleted]
Brickleberried t1_isxu0bx wrote
I believe it only applies to "well-regulated militias".
healthbear t1_isxwofs wrote
The second amendment is for state control of internal security saying that the federal government cannot take the away the people's right in the form of duly constituted regulated state militias and ability of said state militias to have armories. The nonsense created by the wacko's who took over the NRA in the seventies was invented whole cloth out of nothing.
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