What is the meaning of Section 12 Article 3?
Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any person under investigation for the commission of a crime or offense “shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.”
What is the meaning of Section 12?
Section 12 is a transportation order to a hospital. Once the patient arrives at the hospital he/she must be evaluated by a physician (psychiatrist) to determine if he/she needs to be involuntarily committed for no more than 72 hours. Only the physician can make the commitment determination.
What the constitution says about treason?
Article III, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Why is Section 12 important?
Section 12 prohibits treatment or punishment that is “grossly disproportionate” in the circumstances; in other words, one that would “outrage our society’s sense of decency” such that Canadians would find it “abhorrent or intolerable” (R. v. Smith, [1987] 1 S.C.R. 1045 at 1072; R.
What is the importance of section 12?
Article II, Section 12 also says that “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall protect the life of the mother and the life of the unborn from conception.
What are the 3 main rights of a detained person?
The rights are:
- right to have someone informed of their arrest.
- right to consult in private with a solicitor and that free independent legal advice is available.
- right to consult the Codes of Practice.
What does Article 3 of the constitution say?
Article III Annotated Section 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
What was the clause in Article 2, Section 3?
Though the Clause is found amidst a sea of duties in Article II, Section 3, some, including Alexander Hamilton, spoke of the “power” of “faithfully executing the laws.” While President, George Washington observed, “it is my duty to see the Laws executed: to permit them to be trampled upon with impunity would be repugnant to” that duty.
What makes a person guilty of Article 3?
According to Article III, Section 3, a person is guilty of treason if he or she goes to war against the United States or gives “aid or comfort” to an enemy. He or she does not have to physically pick up a weapon and fight in combat against U.S. troops.
What are the obligations of Section 3 of the Constitution?
Section 3 imposes obligations on the President that are varied and significant. The President must provide information on the “state of the union” from “time to time.” This seems to require the President to share information with Congress. The President shall “recommend” measures to Congress, a soft duty that necessarily cedes discretion.