Think about it this way: When a Person is Arrested for Allegedly Committing Domestic Violence; it is a Temporary Suspension of his or her Rights. And the Allegation is that he or she has violated the Rights of his or her partner. It's as simple as that.
We ALL Have Rights:
Everyone in the United States of American has Rights.
But this brings up two important questions:
1. Are my Rights Always Respected? and,
2. Do I Always have to Respect the Rights of Everyone Else?
But what are Rights anyway? Now that I know I have some Rights, I might as well learn about what they are.
One definition of Rights is as follows
"Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory."
When The United States of America was founded, the founders gave all of it's people certain Rights. (Note: However, all people in the U.S.A. did not their Rights respected for almost 100 years. For examples, The Slaves did not have their Rights respected equally. And even in 1960's, the decendents of Slaves and other African Americans were still asking that their Rights be respected because they were not always respected. Further, Women in the U.S.A. did not have their Rights broadly respected for decades either. For the most part. In the beginning of the U.S.A., it was the Rights of wealthy Land Owners who's Rights were respected.
Nonetheless, in 1776:
The U.S. Declaration of Independence stated the following,
- "We hold these Truths to be self-evident, that all Men (and including Women) are created equal, that they are endowed (for given) by their Creator with certain unalienable Rights (unalienable means, these Rights can never be taken away by another human being), that among these (Rights) are Life, Liberty, and the Pursuit of Happiness….” US Declaration of Independence.
The Declaration of Independence was penned by Thomas Jefferson (a Virginian) with the learned direction of Benjamin Franklin (of Pennsylvania), and John Adams (of Massachusetts). Each of these people -- along with a diverse group of many other Colonists -- made tremendous contributions to the founding of the United States of America.
The Fact is that dignity is essentially covered by the above phrase of the Declaration of Independence. And further, Dignity -- per the Declaration -- is such that every person is "created equal" and that every person is "are endowed by their Creator with certain unalienable Rights"; meaning that Dignity is something that is given to every person by their Creator (Whoever they view thier Creator or God to be) when they are created.
Each person in the U.S.A. has a Right to live and to choose the path that she or he wants, and to pursue the happiness that she or he feels is on that path, as long has their journey does not in some way deprive another person of Life, Liberty or the Pursuit of Happiness.
When it comes to trying to understand how one gets charged with Domestic Violence, it is very important to understand and accept that if we violate another person's Rights, we might be Charged and consequently arrested because of the possibility that We Have Violated that person's Rights.
Also to be considered are the manner in which we Violated their Rights, as well as Who's Right was Violated.
- What was your Charge?
- How does this relate to anyone's Rights?
- How was the Arrest itself related to your Rights?
- What are our Rights to Life? Think about it:
- What does this include?
- Perhaps it includes Freedom from anything or anyone who physically compromises his or her Life. (This might include freedom Injury (physical or mental))
- What are our Rights to Liberty? Think about it:
- What does this include?
- Perhaps it includes Freedom from anything that physically or mentally holds her or him back. (This might include trying to keep him or her from walking away. Might even include trying to keep her or him from advancing her or his education or training or career.) You have the Right to do what you want to do with your life. Just so in achieving this goal, you do not ever violate another person's Rights.
- What are our Rights to a Pursuit of Happiness? Think about it:
- What does this include?
- Perhaps it includes Freedom from anything or anyone who tries to keep him or her from seeing another person in a Romantic sense. (This might include keeping her or him from doing something that she or he feels could make her or him happy.
- In pursuit of such Rights of the other person; An Officer of the Law could determine that it is a violation of Rights for yet another person to be stalking or threatening this person or her or his new lover.
- This might even include when one's current partner tries to erase other peoples' (like other men's or other women's) names out of his or her phone in order to keep her or him from contacting another person that she or he has decided that he or she now likes (or even loves)).
- (Please Note: There are other explanations or descriptions for these Rights as well as well as other Rights to consider. Please see other listings of Rights below)
- Truly, probably NEVER, except when it is in an effort to save a life; and that is very rare. Keep in mind that the argument of "Self Defense" really must have with it proof that one person is being attacked in a potentially very harmful way; one has no other way to avoid the situation, and one only uses enough force to stop the attack.
Who Has Rights?
- "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 imunities 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." (U.S. Constitution).
When someone violates another person's Rights, or there is probable cause to suspect that they have violated another person's Rights; some of the alleged violator's Rights (i.e., Liberty) might be suspended temporarily by Police, a Judge, or a Magistrate. This is what happens when one is arrested.
However, these rights must be reinstated within a certain amount of time; unless the situation is reviewed by a certain type of Judge or Magistrate, who then chooses to extend this suspension (And/or put bail on it).
Or, a person's Rights, (say to Liberty) can be suspended temporarily by a Doctor in an Emergency, who can temporarily suspend Rights in order to save a Life.
In order to actually lose a Right; one must either sign it away, and/or a Judge must decide that it is appropriate that this person lose that particular Right.
In order to involuntarily lose a Right (often temporarily); it is usually being temporarily suspended or taken away by Police, Judge, Doctor or other Constitutional Officer. Essentially if there are conditions when one is believed to present an imminent danger to one's self; or to another person; or has just violated another person's Rights, she or he might be subject to Arrest, Investigation, and Prosecution.
Given that Everyone Has Rights.... It's Like One has a Right to Say almost anything they want to say to another person; but the other person has a Right to walk away and not listen.
- So consider this: I have a Right, so does that mean I should always exercise it?
1 Freedom of religion, speech, press, assembly, and petition.
2 Right to keep and bear arms in order to maintain a well regulated militia.
3 No quartering of soldiers.
4. Freedom from unreasonable searches and seizures.
5 Right to due process of law, freedom from self-incrimination, double jeopardy.
6 Rights of accused persons, e.g., right to a speedy and public trial.
7 Right of trial by jury in civil cases.
8 Freedom from excessive bail, cruel and unusual punishments.
9 Other rights of the people.
10 Powers reserved to the states.
The Most Basic Understanding of U.S. Rights (If you are interested?):
Every American automatically has RIghts that include: Natural rights (or Moral Rights) and legal rights. There are two types of rights.
- Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights).
- Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws)." (According to this Wikipedia Source).
It is also VERY Important that Every American Understand that he (himself) and/or she (herself) has Rights that are inalienable --
"Inalienable" means: "Inalienable right refers to rights that cannot be surrendered, sold or transferred to someone else, especially a natural right such as the right to own property. However, these rights can be transferred with the consent of the person possessing those rights." (According to this Legal Definition).
""Life, Liberty and the pursuit of Happiness" is a well-known phrase in the United States Declaration of Independence. The phrase gives three examples of the "unalienable rights" which the Declaration says have been given to all humans by their creator, and which governments are created to protect." (According to the related Wikipedia Source here.)
Another way to Look at is is that we each have our Right to the following:
Our Right to self-determination.
Our Right To liberty.
Our Right to due process of law.
Our Right to freedom of movement.
Our Right to privacy.
Our Right to freedom of thought.
Our Right to freedom of religion.
Our Right to freedom of expression.
Read about The Bill of Rights by clicking here.
For children it is slightly different; but essentially the same.
Know Your Rights
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