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55 Cards in this Set

  • Front
  • Back
First Amendment
none
what are the elements of this amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ex. Speech

The First Amendment says that people have the right to speak freely without government interference.

Press

The First Amendment gives the press the right to publish news, information and opinions without government interference. This also means people have the right to publish their own newspapers, newsletters, magazines, etc.

Religion

The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference.

Petition

The First Amendment says that people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation.

Assembly

The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference.
Does establishment of religion mean?
constitution, is not to make any one religion the "official" religion and is not to prohibit any religion.
What happens when secular law conflicts with religious practice?
l
Can speech be non-verbal and if so give an example?
Symbolic Speech: actions that are themselves a message, without spoken words; also known as “expressive speech”.
Why is the right to assemble and petition the government important?
You may ask the government to enact, change or remove a public policy without fear of punishment.

The right to assemble is important because it allows people to meet, as a group, to discuss issues that might go against what the current government supports without the fear of being tossed in jail. There are currently governments that won't allow their people to do that.

The right to petition allows the common man to make change or ask the government to answer to certain concerns. This gives the average citizen a voice. Again, that is something ot evidnt in may countries around the world.
2nd amendment
,k
what are the elements of this amendment?
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.
What was the historic reason for this amendment?
k
What is the modern interpretation?
Federal and State governments do have authority to restrict access and ownership of weapons but may not eliminate them.
4rd amendment
m
what are the elements of this amendment?
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.
What is probable cause?
supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is a warrant? Who issues it?
A warrant is a judicial check on executive power

A warrant is a legal order signed by a judge authorizing the police to search a specific location and seize specific materials from that location at a specified time. For example, a warrant may specify that police can search 123 Main Street for marijuana between the hours of 8:00 a.m. and 5:00 p.m. The police must convince the judge, using sworn statements, that they have probable cause or a reasonable belief that a crime has taken place, in order to receive a warrant to search a particular area for evidence of that crime.

The police will provide their own evidence for the warrant and the suspect is not present when the warrant is issued. Once a warrant is obtained, the police can only search the location specified in the warrant, whether it is a home, a car, or a specific outside location. For example, if a warrant specifies that the police are searching the backyard of a home, they cannot legally also search the home or vehicle of the individual. In addition, they must only search for what is specified in the warrant.
Where do you have the highest expectation of privacy and the least?
House and boarder entry
Can a search ever be conducted without a warrant? Give an example.
Under the Fourth Amendment, police officers must obtain written permission from a court of law to legally search a person and his or her property and seize evidence while they are investigating possible criminal activity. And, as in the Law and Order case above, the exclusionary rule mandates that evidence obtained through illegal searches is not admissible in a court of law. However, many individuals under the pressure of the police may not be aware of this rule or their other rights under the Fourth Amendment. In addition, there are cases in which police can legally search without a warrant if probable cause is established or if consent is given by an individual.

Consent: If an individual freely and voluntarily agrees to a search of his or her property, without being tricked or coerced into doing so, the police can search this property without a warrant.
When can an officer search your person without a warrant?
excemption 1 – Consent: If an individual freely and voluntarily agrees to a search of his or her property, without being tricked or coerced into doing so, the police can search this property without a warrant. Police do not have to inform you that you do, indeed, have the right to refuse a search, and individuals have been arrested and even sent to jail because they did not know they had the right to refuse search and seizure.

If two or more people live at the same location, usually one tenant cannot consent to a search of areas owned by another tenant. A tenant can, however, consent to a search of the common areas of a home, such as the living room or kitchen. A landlord is prohibited from giving consent to the search of his or her tenant’s private belongings, and the Supreme Court has also ruled that an individual cannot consent to the search of a house on behalf of a spouse. An employer, however, can consent to a search of a company, which includes an employee’s work area, but not an employee’s personal belongings.

Exemption 2 – The Plain View Doctrine: Police officers can legally search an area and seize evidence if it is clearly visible. If the police see an illegal act occurring outside of your home, they may perform a search and seize evidence from your home without a search warrant. For example, if a police officer stops a driver for speeding and sees marijuana in the window, a search can be conducted without a warrant. The police must still have probable cause, however, that the items are indeed illegal.

Exemption 3 – Search Incident to Arrest: Police officers do not need a warrant to perform a search in connection with an arrest. If you are arrested for a crime, the police have the legal right to protect themselves by searching for weapons, evidence that could be destroyed, or accomplices to the crime. For example, if you are arrested for drug possession, the police can search for additional drugs by searching you, your home, or your car, and any evidence found can be used against you in a court of law.

Police can also perform what is called a “protective sweep” following an arrest. This is done if the police believe a dangerous accomplice or accomplices may be hiding inside a specific location. The police will walk through the location and can legally visually inspect places in which an accomplice may be hiding. In addition, the police can legally seize any evidence located in plain view during the sweep.

Exemption 4 – Exigent Circumstances: If the police feel that the time it would take to get a warrant would jeopardize public safety or lead to the loss of evidence, they can perform a search without a warrant. For example, the police can forcibly enter a home if it is probable that evidence is being destroyed, if a suspect is trying to escape, or if someone is being injured. The police officer’s responsibility to preserve evidence, arrest a suspect, or protect an individual outweighs the search warrant requirement.
5th amendment
,
what are the elements of this amendment?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor 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; nor shall private property be taken for public use, without just compensation.
What does Double jeopardy mean? What is it a protection from?
The prosecution of a person twice for the same offense.
Risk or disadvantage incurred from two sources simultaneously.

The Constitution of the United States protects a defendant from being charged, or trialed, for the same offence more than once.
What does self-incrimination mean? Why do we have this protection?
Act or declaration, during an investigation or in a court, by which a witness explicitly or implicitly subjects himself or herself to criminal liability. The witness may refuse to reply to the questions the answers to which may implicate him or her in a crime. This privilege, however, does not cover civil cases, and does not apply to an accused being tried for a criminal offense.
What does eminent domain mean?
The right of a government or its agent to expropriate private property for public use, with payment of compensation.
What does just compensation mean?
Compensation provided to an owner whose private real property is seized by the government's power of eminent domain, which allows it to take such property for public use. For example, when the national highway system was being constructed in the 1950s, many homeowners had their property seized through eminent domain because the government wanted the land to build the highway system. The just compensation remedy is provided by the Fifth Amendment's taking clause, and is usually considered to be fair market value. However, what the government considers just compensation may not be considered as such by the person whose property is seized.
The Miranda warning springs from which two amendments?
5th an d 6th
6th amendment
,
what are the elements of this amendment?
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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
What does speedy and public trial mean?
A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays. In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.

Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.
What does impartial jury mean?
Impartial, adj, showing lack of favoritism; impartial jury is being able to judge without having a bias for one side or the other.
Why must you be notified of the charges against you?
to prevent failure charges and being change falsely
Why must you be able to summon witnesses for you?
to make accusations face to face
7th amendment
k
what are the elements of this amendment?
In 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.
Which amendments deal with criminal procedure and civil?
4th and 6th
What is the current amount in controversy needed to reach federal court?
75,000
8th amendment
,
what are the elements of this amendment?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is bail and how should it be applied?
general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called bail. Bail is set by the judge during the defendant's first appearance. For many misdemeanors, bail need not be set. For example, the defendant may be released on the issuance of a citation such as a ticket for a driving violation or when booked for a minor misdemeanor at a police station or jail. But for major misdemeanors and felonies, the defendant must appear before a judge before bail is determined.

The courts have several methods available for releasing defendants on bail. The judge determines which of these methods is used. One alternative is for the defendant to post a bail bond or pledge of money. The bond can be signed by a professional surety holder, the accused, or the family and friends of the accused. Signing the bail bond is a promise that the defendant will appear in the specified criminal proceeding. The defendant's failure to appear will cause the signers of the bond to pay to the court the amount designated. The amount of bail is generally an amount determined in light of the seriousness of the alleged offense.

A defendant can also be released upon her or his own recognizance, which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime.

Other conditions may also be set regarding the release of the defendant. The Bail Reform Act of 1984 (18 U.S.C.A. §§ 3141–3150) provided for many additional conditions that do not rely upon finances and that reflected current trends to move away from financial requirements for freedom. These conditions came about, in part, owing to concerns regarding the discriminatory nature of bail toward the poor. The Bail Reform Act allows for conditional releases dependent upon such circumstances as maintaining employment, meeting curfews, and receiving medical or psychiatric treatment.
Why should we allow bail and can it be denied?
we are not guilty yet and no it cant be denied
no room in jail , and 8x more likely to be convicted
What is a fine and how should it be applied?
a minatory fine given by govermnt
What is our modern understanding of ‘cruel and unusual punishment’?
death penalty
Which is more expensive: death or life in prison?
death penalty
Are minorities more likely to receive the death penalty?
racist and yes
9th amendment
k
what are the elements of this amendment?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What does this mean?
he 9th Amendment's purpose is clear. The Bill of Rights mentions certain rights that are to be protected from government interference, these rights include freedom of speech, freedom of religion, freedom of the press, freedom of assembly and the right to keep and bear arms, among others.

Just because a right is not mentioned in the Bill of Rights, though, does not mean that the government automatically has the right to interfere with it. Instead, the 9th Amendment says that any right not enumerated, or listed, in the Constitution is still retained by the people. So, in plain language, it means that there are other rights that people have that are not listed in the Constitution.
10th amendment
m
Also known as the reservation clause.Who gets any powers first? Second?
states and the people
Layer cake and Marble cake
search
15th, 16th, 17th, 19th Amendments
15- right to vote no discrimination
16 income tax
17 senators chosen by people\
19 woman suffrage and right to vote
Which two groups emerged from the Constitutional Convention which later became our modern political parties?
federal and anti fedaral
modern parties
democrats and republicans
What theme was used to try to prevent the Constitution from being ratified?
Who promised to draft a bill of rights?
first the articles of considerations required that amendments be approved by all the states. special ratifying conventions in the states rather than rise What theme was used to try to prevent the Constitution from being ratified?
Who promised to draft a bill of rights?
the constitution to the state legislative

James madison
define civil liberties and civil rights
rights- describe govt responsibilities to protect citizens
liberites- protection of citizens from unwanted government action
How many amendments were drafted? How many were passed in the 1700s and in total?
17 amnedments
mandates
ordering from government should be fallowed and inforces