US Constitution - Bill of Rights - Eight Amendment

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Pittsburgh Criminal Defense Attorney Frank Walker
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US Constitution - Bill of Rights - 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 defense.

Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
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US Constitution - Bill of Rights - Fifth Amendment

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 offense 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.

Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764

US Constitution - Bill of Rights - 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.

Pittsburgh Criminal Defense & Injury Attorney Frank Walker 
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Morgantown, West Virginia Criminal Defense Site
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Amendment III

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.



Pittsburgh Criminal Defense Attorney Frank Walker

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412.227.0290

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Amendment II - US Constitution - Bill of Rights

Amendment II

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.



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Preamble to the United States Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



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Pennsylvania Constitution - Article I - Security From Searches and Seizures

Section 8.

The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed by the affiant.



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Pennsylvania Constitution - Article I - Freedom of Press and Speech; Libels

Section 7

The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature or any branch of government, and no law shall ever by made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.



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Pennsylvania Constitution - Article I - Jury Trial

Section 6

Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. Furthermore, in criminal cases, the Commonwealth shall have the same right to trial by jury as does the accused.



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Pennsylvania Constitution - Article I - Elections

Section 5

Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.



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Pennsylvania Constitution - Article I - Religion

Section 4

No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.



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Religious Freedom - Pennsylvania Constitution - Article I

Section 3

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship.


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Political Powers - Article I

Section 2.
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.



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Inherent Rights of Mankind

Section 1.

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.



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Pennsylvania Constitution

WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.



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Mentally Incompetent Inmate

Commonwealth v Sam, 952 A.2d 565 (Pa. 2008)­the Court, per Castille, C.J., holds that Art. I, section 8 of the Pennsylvania Constitution does not provide a greater right for a mentally incompetent inmate to refuse antipsychotic medication for the purpose of rendering the inmate competent to participate in post-sentencing proceedings than did the parallel federal right determined by the United States Supreme Court in Sell v. United States, 539 U.S. 166 (2003). Baer, J., joined by Todd, J., dissented.



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