Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, |
This Amendment talks about the rights of the accused; protections for people who are accused of crimes and are in the grips of the criminal justice (courtroom) system. The criminal justice system is the super-scale version of how people handle conflict in their homes.
Punishment is not necessarily the best way to improve outcomes at home. We might reconsider criminal justice on the larger scale, as well. When problems that seem big or important occur within a family, some kind of process is called for. Juries are prescribed in 3 of the first 10 Amendments, as an safer, wiser alternative to a single judge. There is something of value in pooling information. A trial could be a truth finding process. A jury of peers can be neighbors and friends, coming together to put healing attention on a problem. |
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; |
Not sure what to do with this...
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nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; |
must think about this
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nor shall be compelled in any criminal case to be a witness against himself, |
This clause assumes that parties found "guilty" are going to be subject to awful consequences. It makes the courtroom experience into a minefield of risk, and not likely an opportunity for positive change or for healing,
The Human Standard takes the idea of what we should not do, and turns it around to suggest what we make sure we positively do. Let us set the goal that group inquiries of truth be dedicated to the best outcome for everyone, including the protections of basic rights, making sure everyone's basic needs be met. |
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. |
yup. things gotta make sense.
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