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Bill of Rights (5th Amendment (a right against forced self-incrimination,…
Bill of Rights
5th Amendment
- a right against forced self-incrimination
- A guarantee that all criminal defendants have a fair trial
- A prohibition on double jeopardy
- A guarantee that government cannot seize private property without making a due compensation at the market value of the property.
- Right to indictment by the grand jury before any criminal charges for felonious crimes
Miranda vs. Arizona - the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional rights to an attorney and against self-incrimination.
6th Amendment
- Right to a speedy and public trial
Cunningham vs. California - Argued that the judge had merely handed down the maximum sentence prescribed by law.
- right to be informed of the charges
Gidean vs. Wainwright - Supreme Court ruled that states are required to provide an attorney to defendants who are unable to afford their own attorneys.
- right to be tried by impartial jury
1st Amendment
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Freedom of Assembly
People are entitled to assemble and speak and be heard as long as they remain non-violent. Once they become violent, the government can step in.
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Freedom of Petition
The government can restrict with reasonable time, place, and manner.
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Freedom of Speech
It does not protect speech that insinuates illegal activity, pandemonium, or obscentiy
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8th Amendment
- Excessive bail shall not be required or excessive fines imposed.
Gregg vs. Georgia - the Supreme Court's decision that capital punishment was constitutional so long as the procedures involved in its execution did not violate the 8th amendment to the Constitution.
- Punishments shall not be excessive, cruel, or unusual
4th Amendment
- the warrant must be filed in good faith 2. it must be based on reliable information showing probable cause to search 3. it just be issued by a neutral and detached magistrate. 4. The warrant must state specifically the place to be searched and the items to be seized.
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The 4th Amendment was added December 15, 1791 - it protects people from unlawful searches and seizures. The police can't search you or your house without a warrant or probably cause.
2nd Amendment
Pro: People need to be able to protect themselves and their property
Con: Guns can fall into the wrong hands and people can be killed.
District of Columbia vs. Heller - 2008 case in which Supreme Court held that the 2nd Amendment protects an individuals right to posses a firearm, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home.
Miller vs. Texas - 1894 - Convicted murderer Franklin Miller filed an appeal at the federal level. He claimed his 2nd and 4th amendment rights had been violated by way of the 14th amendment. The Supreme Court upheld Miller's conviction, but refused to consider whether his 14th amendment right was violated.
The 2nd Amendment protects the right of people to keep and bear arms. It was adopted December 15, 1791.
9th Amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Roe vs. Wade established a woman's right to have an abortion without undue restrictive interference from the government.
10th Amendment
The 10th Amendment basically says that any power that is not given to the federal government is given to the people or the states.
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3rd Amendment - 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 prohibits soldiers from temporarily residing in private homes during peace time without getting the owner's permission.
7th Amendment - In suits in common law where the value in controversy shall exceed $20, the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise re-examined in any Court of the US than according to the rules of the common law.