Section 5. 1.  Start with “I have the right to remain silent” 

 

China has a phrase called "extract confession from beating”. For the moment let us not be concerned with how many actual instances of extracted confessions exist. Even in traditional literature where fictional judges such as Bao Gong and Peng Gong are celebrated as emblems of justice, their actual expertise was intimidation and compelling confession using the harshest of severe torture. The reader must not think that torture only exists in China. Britain before the American Independence also had a tradition of compelling confession by force. The most famous dungeon in which prisoners were tortured was called the "Star Chamber".  Not that many decades ago, the Hong Kong police had a similar dungeon known as "room of Miscellaneous Police". Whoever is thrown into it, guilty or innocent, would be given a hard beating to get started.  And if that is not followed with the courses of "dim sum", such as "hanging airplane", "water boarding", "breaking fingers", then he should get down on his knees and thank the high heaven.

 

Targeting the various inhumane traditions and institutions of King George III, the United States adopted the Fifth Amendment of the Constitution: "In criminal cases, a person cannot be forced to incriminate himself”.  In other words, anyone who is accused criminally has a right to remain silent if his testimony may tend to incriminate himself, leading to a conviction and jail sentence.  

 

(Note 5th Amendment states: No person "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;")

 

In the earth shaking criminal case of O. J. Simpson, the defendant exercised the right afforded him by the Fifth Amendment. Since the Fifth Amendment is so frequently used, sometimes Americans use it  as a joke in their daily lives. As an example, while two men are drinking and having a good time, with a smile on his face person A asks person B, “When I called your house yesterday, your wife said you were working overtime, but we did not work overtime at all. Tell the truth. Where did you actually go to have fun last night?” Person B mysteriously smiles and answers, "I am going to take the Fifth!”.

 

                                            Subsection 5. 2 An Individual’s Basic Legal Rights

 

During the immigrant's citizenship examination, the Ten Amendments of the Constitution are a compulsory topic. Nevertheless, a few years ago in an opinion poll, 62% of Americans did not know what the Bill of Rights in the United States Constitution was all about. This shows that American civics education is not that successful; the only difference is that Americans do not need to pass the citizenship test.

 

To facilitate understanding by the reader, here I shall try to use plain language to explain the most basic individual rights the Constitution, including: freedom of expression, freedom of the press, assembly, religion, elections, public office, to maintain arms, to maintain privacy and enjoy personal property, equal protection under the laws, not having to testify against yourself, due process of law, not subject to inappropriate detention, not being prosecuted twice for the same offense, speedy trial, and the right to a trial by jury.

 

All Ten Amendments of the Constitution are put into actual practice, as illustrated by the O.J. Simpson case mentioned earlier. While at times some  people may be dissatisfied with the verdict, it was still a victory for the rule of law.

 

Subsection 5. 3 The Bill of Rights

 

The "Bill of Rights" has some provisions that are rarely invoked, such as the Third Amendment (which forbids government forces to quarter in civilian homes during times of peace without the consent of home owners. However even during times of war, the military has to get Congressional legislation in order to enter civilian homes.) This Amendment was clearly aimed at the army of  King George III for occupying the civilians' homes at will in the colonies before they became independent. In the two hundred years after the Third Amendment had passed, it was never invoked or cited.

 

By comparison, some of the laws are of great historical significance and also affect the lives of contemporary Americans. Today, many lunatics and criminals use guns to commit crimes; countless innocent people suffer. Many people do not understand why guns cannot be banned. It is because the Second Amendment gives people the right to bear arms. The background of this Amendment was that the colonial government did not have its own army during the War of Independence. It needed each colony to organize a militia to fight Britain. Therefore, despite the numerous cries to ban guns, many people still refer to the Second Amendment to object to gun control; the reason asserted is the Bill of Rights which cannot be changed by the government casually. 

 

The "Bill of Rights” is the cornerstone of the United States Constitution. It is concise but the essence of democratic freedom is completely covered. However, the way these bills are applied depend on the interpretation and decision of the United States Supreme Court. For example, the Fourth Amendment guarantees that people at home will not be be subject to unreasonable searches and seizures. In 1928, there was a case in which for the first time the police had been wire tapping a suspect’s phones to obtain incriminating evidence. The defense lawyers believed the police were eavesdropping on personal phone calls in violation of the the Fourth Amendment. The prosecutor insisted that the telephone tapping was not carried out at the suspect’s home and did not constitute as “search". A majority of the United States Supreme Court Justices agreed with the prosecution; but several other Justices strenuously objected. After years of debate, the case of 1928, was overturned. As a result, today, when the police want to listen in on a suspect's telephone, they must have obtained a warrant by a judge in advance.

 

The reason many people immigrate to the United States is to have a living environment where there are freedom and personal security. In addition, many people strongly criticize the lack of human rights in some countries. But what exactly are the substance of personal security and human rights? The year 1991 is the bicentennial celebration of the birth of the Bill of Rights. The government built a promotional vehicle and kept inside it the original Bill of Rights which normally is kept in Philadelphia but was now sent on a tour to different states and big cities for exhibition. At the same time, beautifully printed booklets were distributed to the public to encourage their knowledge of the rights under the law.  

 

The citizenship examination almost always includes a question about "Bill of Rights”. This shows its importance for the United States. I always encourage people to try hard to become a citizen, but I hope that they are not applying for citizenship just out of fear that the government will cut the welfare benefit of non-citizens. As long as they become the immigrants of this country, they should exert themselves to become a citizen and enjoy the rights of this country; meanwhile they should fulfill their duties and obligations to the nation, such as paying taxes, voting, participating in community activities, and work together to build a country where people can live in peace and prosperity for the long term.