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5th: 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.
Where exactly does presumption of innocence come in to play with this amendment? A traffic citation is NOT a criminal charge, NOR does it require a grand jury. Having your vehicle flagged for going through a red light does not deprive you of your life, liberty or property without due process of law.
6th: 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.
Again, this is not a criminal prosecution. You don't waive your right to a trial, you are simply cited and you can plead guilty or not guilty. Regardless, you ARE informed of the nature and cause of the accusation and ARE given evidence to show the violation.
14th: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Again, not deprived of life, liberty or property without due process. You are not waiving your rights.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Doesn't apply.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Doesn't apply.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Doesn't apply.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Doesn't apply.
So.... where are you saying you are presumed innocent and pictures of your car blowing a red light is a violation of the Constitution?
Apparently you didn't read it, because the Wiki you linked to specifically says:
So I grabbed the text for these 3 amendments:
5th: 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.
Where exactly does presumption of innocence come in to play with this amendment? A traffic citation is NOT a criminal charge, NOR does it require a grand jury. Having your vehicle flagged for going through a red light does not deprive you of your life, liberty or property without due process of law.
6th: 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.
Again, this is not a criminal prosecution. You don't waive your right to a trial, you are simply cited and you can plead guilty or not guilty. Regardless, you ARE informed of the nature and cause of the accusation and ARE given evidence to show the violation.
14th: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Again, not deprived of life, liberty or property without due process. You are not waiving your rights.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Doesn't apply.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Doesn't apply.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Doesn't apply.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Doesn't apply.
So.... where are you saying you are presumed innocent and pictures of your car blowing a red light is a violation of the Constitution?
Fact of the matter is: presumption of innocence is for a criminal trial. A simple red light ticket is (a) not a criminal charge (b) not a trial-worthy offense (c) NOT a conviction, simply a citation (d) IMPOSSIBLE to track back to the driver.
Would you have this same idea for a parking ticket? They ticket the car, not the driver. If you lend your car out to someone and they get a parking ticket, is there some sort of Constitutional issue? It's the exact same thing: two minor traffic violations that you CAN plead not guilty to, both do NOT carry points, and both are MINOR non-moving violations.
Here. I just know how to read some law. You are confusing "beyond a reasonable doubt", "burden of proof" and "innocent until proven guilty" quite loosely. Not everything applies everywhere.
Fact of the matter is: presumption of innocence is for a criminal trial. A simple red light ticket is (a) not a criminal charge (b) not a trial-worthy offense (c) NOT a conviction, simply a citation (d) IMPOSSIBLE to track back to the driver.
Would you have this same idea for a parking ticket? They ticket the car, not the driver. If you lend your car out to someone and they get a parking ticket, is there some sort of Constitutional issue? It's the exact same thing: two minor traffic violations that you CAN plead not guilty to, both do NOT carry points, and both are MINOR non-moving violations.
A parked car is a matter of fact.
Implying Ive blown a red light is a matter of interpretation and to that end I am innocent until proven guilty.
I dont agree with you...and thats OK too.
This is a slippery slope for personal freedom.
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