Bill of Rights Vocabulary

Abridge: 2. “…or abridging the freedom of speech…” 1. Amendment 1 2. “…or abridging the freedom of speech…” 3. To diminish, curtail or reduce.

Assemble: Amendment 1 “…Right of people to peacefully assemble…” 3. To bring together in one place.

Redress: Amendment 1 “…Petition government for redress…” 3. To set right what is wrong.

Grievance: Amendment 1 “…Petition government for grievances…” 3. A complaint against an unjust, unfair act.

Infringe: Amendment 2 “…Bear arms shall not be infringed…” To trespass.

Probable Cause: Amendment 4 “…No warrants shall issue, but upon probable cause…” 3. Having evidence and a reason to search.

Affirm: Amendment 4 “…Supported by oath or affirmation…” To declare, confirm.

Indict: Amendment 5 “…Indictment of a Grand Jury…” To formally charge someone with a crime.

“Double jeopardy”: Amendment 5 “…same offence to be twice put in jeopardy of life or limb…” Can’t be tried for the same crime twice.

“Pleading the 5th”: Amendment 5 2. “…criminal case to be a witness against himself…” 3. To refrain from testifying against yourself.

Grand Jury Indictment (a formal charge or accusation of a serious crime.) The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies. Grand jury members may be called for jury duty for months at a time, but need only appear in court for a few days out of every month. Regular court trial juries are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23 people. -

The Grand Jury's Decision and a Prosecutor's Discretion Grand juries do not need a unanimous decision from all members to indict, but it does need a supermajority of 2/3 or 3/4 agreement for an indictment (depending on the jurisdiction). Even though a grand jury may not choose to indict, a prosecutor may still bring the defendant to trial if she thinks she has a strong enough case. However, the grand jury proceedings are often a valuable test run for prosecutors in making the decision to bring the case.

Grand Jury Proceedings Grand jury proceedings are much more relaxed than normal court room proceedings. There is no judge present and frequently there are no lawyers except for the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes: 1. It encourages witnesses to speak freely and without fear of retaliation. 2. It protects the potential defendant's reputation in case the jury does not decide to indict.

Impartial: Amendment 6 “…public trial by an impartial jury…” Not biased, being fair in judgment.

Ascertain: Amendment 6 “…shall have been previously ascertained by law…” 3. To find out definitely.

Compulsory: Amendment 6 “…to have compulsory process…” Required, mandatory.

Obtain: Amendment 6 “…for obtaining witnesses in his favor…” 3. To get through effort or request.

Excessive: Amendment 8 “…excessive bail shall not be required nor fines…” 3. Exceeding the usual limit.

Enumeration: Amendment 9 “…the enumeration in the Constitution of certain rights…” To list or name one by one.

Construe: Amendment 9 “… shall not be construed to deny…” 3. To explain or interpret.

Disparage: Amendment 9 “…to deny or disparage others…” To discredit.