GRAY & DUNING

AMENDMENT VI: "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 . . ." [1791] What does it mean to have a speedy trial? Why public? What does it mean to be "impartial" as a jury? Are people of the State and district wherein the crime shall have been committed "a jury of peers"? The "speed" of a trial is determined by statute, and where a defe

AMENDMENT V: "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 . . ." [1791] These are interesting times for speech. On the one hand, we're nearly completely unbridled. Where we used to have to go to the Public Square and stand on a soap box to be heard, now the public square is right here, right now, via blogging, twitter, Face Book, and forums such as this one.

AMENDMENT IV: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." [1791] Justice Louis Brandeis stated that the Fourth Amendment sets forth "the right to be left alone - the most comprehensive of r

Do you have a will? A power of attorney? A durable medical power of attorney? A living will? These are all good things to have, like insurance, because if you don't have them when you need them, it may be too late. A will provides for how you want your property to be divided once you pass away. It also contemplates the nomination of a trustee in the event a gift goes to someone who is a minor or incompetent by law. It can include provisions with respect to appointing a gu

AMENDMENT III: (1791) "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." It may seem irrelevant now, but the Third Amendment was significant to citizens during the infancy of our Republic. The authors of the Bill of Rights were freshly offended by the long-suffered indignities imposed by an overseas tyrant. With no disrespect to our modern soldiers, consider - as a priv

AMENDMENT II (1791): A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Do you, as an individual, have the right to own a firearm? Or is it, as some argue, a collective and not an individual right? Is it reserved for a "Militia" to protect you by proxy? Or can you be secure in your own person and home with an instrumentality that gives you the ability to defend yourself according

Get up, Stand up! Do you know what you should not give up? Your rights. The Bill of Rights under the Constitution of the United States of America provides numerous rights to you. So, too, does your state constitution, as do several statutes under Federal and state codes. While the Supreme Court has interpreted these in various ways that have strengthened or weakened them over the years, you should have a firm grasp of the rights that you enjoy. The surest path to tyranny is i

The philosopher Hegel theorized a dialectical process: a thesis is proposed, an anti-thesis is presented, and the collision of the two results in a synthesis. American jurisprudence is a unique, dialectical process, particularly in the realm of criminal justice. The legislatures make the laws with respect to what's legal - and what's not. The executive branches of the state and federal governments enforce the laws. And the judiciaries act as checks and balances for the citize

The testamentary trust is a trust created by a will which takes effect only upon the death of the person who made the will, also known as the Testator. The primary difference between a testamentary trust and an inter vivos trust is that the trust is under the supervision of the Probate Court from its creation (i.e., the death of the Testator) through to its final distribution. While there are excellent reasons for the usual inter vivos trusts, whether revocable or irrevocab

Pachinko was a popular game wherein you launched a ball bearing through a vertical board covered with pins and pockets in order to gain points - or in some cases, lose your bearing. Each pin or pocket influenced the ultimate destination of your bearing like a contingency. Your will is a series of contingencies, pins that influence the ultimate destination of your estate: "If I die, then I direct that my estate be given to my spouse. . . If my spouse predeceases me, then I di