在一切刑事诉讼中,被告应享受下列权利:由犯罪行为发生地的州和地区的公正陪审团予以迅速和公开的审判,该地区应事先已由法律确定;获知受控事件的性质和原因;与原告证人对质;以强制程序取得有利于自己的证据,并取得律师的帮助为其辩护。
(9)U.S.C.A. Const. Amend. VII:
Constitution of the United StatesAmendment VII. Civil TrialsIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
在习惯法诉讼中,争执价额超过20美元者,由陪审团审判的权利应予保护;案情事实经陪审团审定后,除非依照习惯法的规则,合众国的任何法院不得再行审理。
(10)U.S.C.A. Const. Amend. VIII:
Constitution of the United StatesAmendment VIII. Excessive Bail, Fines, PunishmentsExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
不得索取过多的保释金,不得处以过重的罚金,或施加残酷的、非常的刑罚。
(11)U.S.C.A. Const. Amend. IX:
Constitution of the United StatesAmendment IX. Construction of Enumerated RightsThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
本宪法对某些权利的列举不得被解释为否定或轻视人民保有的其他权利。
(12)U.S.C.A. Const. Amend. XIV:
Constitution of the United StatesAmendment XIV. Citizenship; Privileges and Immunities; Due Process; Equal Protection; Apportionment of Representation; Disqualification of Officers; Public Debt; EnforcementSection 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.
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.
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.
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.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
第一款 在合众国出生或归化于合众国并受合众国管辖的人,均为合众国和他所居住的州的公民。无论何州均不得制定或实施任何剥夺合众国公民的特权或豁免的法律;无论何州未经正当法律程序均不得剥夺任何人的生命、自由或财产;亦不得拒绝给予在其管辖下的任何人以同等的法律保护。
第二款 众议员名额应按各州人口总数的比例分配,但不纳税的印地安人除外。各州年满21岁且为合众国公民的男性居民,除因参加叛乱或犯其他罪行者外,其选举合众国总统与副总统选举人、国会众议员、州行政与司法官员或州议会议员的权利被取消或剥夺时,该州众议员人数应按上述男性公民的人数同该州年满21岁的男性公民总人数的比例予以削减。