Magna Carta and the Constitution

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MAGNA CARTA & THE CONSTITUTION izzit.org RIGHTS OF THE ACCUSED Name: Class: In this activity, we’ll look at how the rights of those accused of a crime were/are protected in two major documents: The Magna Carta, from 1215, and the U.S. Constitution, written in 1787 - 1789. U.S. Constitution – 5th Amendment No person shall be held to answer for a capital, or otherwise infamous Magna Carta – Statute 39 crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval No free man shall be seized or forces, or in the Militia, when in imprisoned, or stripped of his rights or actual service in time of War or possessions, or outlawed or exiled, or public danger; nor shall any person deprived of his standing in any way, nor be subject for the same offence to will we proceed with force against him, be twice put in jeopardy of life or or send others to do so, except by the limb; nor shall be compelled in any lawful judgment of his equals or by the criminal case to be a witness law of the land. 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. How do each of these documents safeguard a person’s rights to property? 1 MAGNA CARTA & THE CONSTITUTION RIGHTS OF THE ACCUSED izzit.org What language is used in each document to indicate that a person is entitled to a fair trial? What additional protections are offered in this portion of the U.S. Constitution (The 5th Amendment) that are not in the section of the Magna Carta? There are more protections for the rights of the accused in the 4th, and the 6th-8th Amendments of the Constitution. Why did the Framers spend so much time (half of the Bill of Rights) on the rights of people accused of crimes? Why is it important to know what your rights are? 2.

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Magna Carta and the Development of the Common Law
Magna Carta and the Development of the Common Law Professor Paul Brand, FBA Emeritus Fellow All Souls College, Oxford Paper related to a presentation given for the High Court Public Lecture series, at the High Court of Australia, Canberra, Courtroom 1, 13 May 2015 Magna Carta and the Development of the Common Law I We are about to commemorate the eight hundredth anniversary of the granting by King John on 15 June 1215 of a ‘charter of liberties’ in favour of all the free men of his kingdom [of England] and their heirs. That charter was not initially called Magna Carta (or ‘the Great Charter’, in English). It only acquired that name after it had been revised and reissued twice and after the second reissue had been accompanied by the issuing of a separate, but related, Charter of the Forest. The revised version of 1217 was called ‘The Great Charter’ simply to distinguish it from the shorter, and therefore smaller, Forest Charter, but the name stuck. To call it a ‘charter of liberties’ granted by king John to ‘all the free men of his kingdom’ of England is, however, in certain respects misleading. The term ‘liberty’ or ‘liberties’, particularly in the context of a royal grant, did not in 1215 bear the modern meaning of a recognised human right or human rights. ‘Liberty’ in the singular could mean something closer to that, in the general sense of the ‘freedom’ or the ‘free status’ of a free man, as opposed to the ‘unfreedom’ of a villein. ‘Liberties’, though, were something different (otherwise known as ‘franchises’), generally specific privileges granted by the king, particular rights such as the right to hold a fair or a market or a particular kind of private court, the right to have a park or a rabbit warren which excluded others from hunting or an exemption such as freedom from tolls at markets or fairs.
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