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76 Cards in this Set
- Front
- Back
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1st amendment
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Freedom of speech, religion, press, assembly, and petition
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Freedom/Speech
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The communications of messages between one of more persons
Not limited to verbal communication |
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Limitations on free speech
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threatening language, cannot incite panic or riot, cannot call in bomb threat, cannot threaten president.
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Limitations on free speech cont.
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Slander-speech designed to harm another using untruths
Security-cannot divulge state secrets or engage in child porn Economic-cannot violate copyright protections |
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Freedom/Religion (exercise clause)
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freedom to worship any unseen force/deity (or not) without fear/reprisal
Religion cannot break the law in observance of faith |
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Freedom/Religion (establishment clause)
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government cannot mandate nor supposrt a religion
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Freedom/Press
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Mass media (broadcasted,printed, or computed) to report or comment on the events/ the day or offer general opinion of the writers,speakers, publishers w/out fear/government reprisal
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limitations on Freedom/Press
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Press in school-if paper's school funded can be censored. Student funded publications provided they do not disrupt school are exempt from censorship.
libel-basically slander, different means/transmission has to be proven in court the media can print untruths provided it is "absent/malice". They are not trying to cause harm. |
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ombudsmen
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scandinavian for representative. usually senior news people that handle complaints about media fairness, bias, and accuracy. self-imposed censorship.
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Freedom/Assembly
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the freedom to join with others in an association of common beliefs or faith make a change in society (like groups)
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Limitations on freedom/assembly
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usually demonstrations need a permit. cannot obstruct or hinder normal business. conspiracy-the act/plotting with others to break the law is illegal, even if no act actually occurs.
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Freedom/petition
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The freedom to address(usually in a letter) our concerns directly to political leaders/the government without fear of reprisal
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Limitations on Freedom/petition
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threats against members of the government as provided under the freedom of speech. minimum signatures (registered voters) makes petition drives difficult but makes it so only relevant issues are actually debated.
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2nd amendment
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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.
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2nd amendment cont.
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militia-state run military (modern version/ Ohio National Guard)
beginning-preamble of sorts. |
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1st amendment
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Freedom of speech, religion, press, assembly, and petition
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Freedom/Speech
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The communications of messages between one of more persons
Not limited to verbal communication |
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Limitations on free speech
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threatening language, cannot incite panic or riot, cannot call in bomb threat, cannot threaten president.
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Limitations on free speech cont.
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Slander-speech designed to harm another using untruths
Security-cannot divulge state secrets or engage in child porn Economic-cannot violate copyright protections |
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Freedom/Religion (exercise clause)
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freedom to worship any unseen force/deity (or not) without fear/reprisal
Religion cannot break the law in observance of faith |
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Freedom/Religion (establishment clause)
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government cannot mandate nor supposrt a religion
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Freedom/Press
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Mass media (broadcasted,printed, or computed) to report or comment on the events/ the day or offer general opinion of the writers,speakers, publishers w/out fear/government reprisal
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limitations on Freedom/Press
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Press in school-if paper's school funded can be censored. Student funded publications provided they do not disrupt school are exempt from censorship.
libel-basically slander, different means/transmission has to be proven in court the media can print untruths provided it is "absent/malice". They are not trying to cause harm. |
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ombudsmen
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scandinavian for representative. usually senior news people that handle complaints about media fairness, bias, and accuracy. self-imposed censorship.
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Freedom/Assembly
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the freedom to join with others in an association of common beliefs or faith make a change in society (like groups)
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Limitations on freedom/assembly
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usually demonstrations need a permit. cannot obstruct or hinder normal business. conspiracy-the act/plotting with others to break the law is illegal, even if no act actually occurs.
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Freedom/petition
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The freedom to address(usually in a letter) our concerns directly to political leaders/the government without fear of reprisal
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Limitations on Freedom/petition
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threats against members of the government as provided under the freedom of speech. minimum signatures (registered voters) makes petition drives difficult but makes it so only relevant issues are actually debated.
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2nd amendment
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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.
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2nd amendment cont.
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militia-state run military (modern version/ Ohio National Guard)
beginning-preamble of sorts. |
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3rd amendment
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Anti-quartering act
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4th amendment
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Guarentees the right to be secure in our places and with our things by limiting the power of seach and seizures by government.
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limitations on 4th amendment
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probable cause & reasonable suspision. exclusionary rule-evidence found illegally cannot be used in court
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exigent circumstances (limitation on 4th amendment)
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when evidence can be quickly removed or destroyed (blood/urine test)
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inventory (limitation on 4th amendment)
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when vehicle is impounded, the car is searched and its contents listed
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police searches need probable cause (4th)
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involves known facts and circumstances of a trustworthy nature, sufficient to justify a person's belief that a crime has been or is being committed
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police searches (cont. 4th)
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normally cops obtain search warrents from judges after articulation the probably cause to a judge (who represents the court)
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Consent (expansion/power under 4th amendment)
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suspect agress to search
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plain view (expansion/power under 4th amendment)
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if an illegal object or substance is in plain sight for the police to see
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inevitable discovery (expansion/power under 4th amendment)
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if the police finds evidence illegally that would have been found anyway the search is legal
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private search (expansion/power under 4th amendment)
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allows for admission into evidence items fround by others
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customs searches (expansion/power under 4th amendment)
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done in defense of us borders, searches are set to resonable suspicions (girlfriend finds boyfriends gun)
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smelling drugs(expansion/power under 4th amendment)
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if the officer smells marijuana in car, creates probable cause
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search incident to arrest (expansion/power under 4th amendment)
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the ability to search a person and the immediate area under his/her control when suspect is arrested
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crime scene searches/investigation (expansion/power under 4th amendment)
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police can control an entire crime scene and need no warrent to search
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emergency situation (expansion/power under 4th amendment)
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applies to situations such as people screaming/immediate threat
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open fields (expansion/power under 4th amendment)
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allows for search of garbage left outside and searches ouside of "curtillage"(areas of expected privacy in and around the home)
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good faith exception (expansion/power under 4th amendment)
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if police err in a search (i.e a botched address) the search is still legal if something is discovered
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stop and frisk (expansion/power under 4th amendment)
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a "pat down" for weapons, using senses limited to touch instead/sight creates an exception to search especially in need for the safety of the police officer
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elephant in a matchbox test (expansion/power under 4th amendment)
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if the police discover in a subsequent legal search something else illegal with in the scope of the search, that search is legal too
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dea/drug seizure (expansion/power under 4th amendment)
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the government can seize assets used in connection with drug crimes
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5th amendment
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3 parts: freedom from self-incrimination, double jeopardy, and eminent domain
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self-incrimination (5th)
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you cannot be forced to speak about you involvement in any criminal activity nor are you required to testify against yourself in courts. extends to spouse, lawyer, doctor, and counselor.
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limitations of self-incrimination (5th)
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once you talk, you open door for further questions. only spouse has absolute extension, others can be forced to testify. spouse can choose to talk.
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freedom from double jeopardy (5th)
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you cannot be tried for the same crime, using the same evidence & facts twice. once you're not guilty, that's it
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Limitations on double jeopardy (5th)
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state and federal courts are created as 2 seperate "soverigns" a lack of conviction in state court does not prevent federal charges. The right does not extend into lawsuits that result from alleged criminal activity.
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eminent domain (5th)
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government has land control over and can take it, provided it pays fair market value. (schools, hospitals, military bases, and federal interstates)
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6th amendment
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Right to a lawyer and speedy trial
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right to lawyer (6th amendment)
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applies only to criminal cases when a law (statute) is broken. if you are unable to afford a lawyer (have to prove) the court will assign you one for free.
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right to speedy trial (6th)
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a trial must be had regarding charges quickly and includes a jury of 12 peers to determine guilt. Speedy trial act of 1974 says indictment (assignment of charges and court date) must occur within 30 days of arrest and trial to start 70 days later.
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Miranda rights
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Right to remain silent anything you say may be used against you in court of law. (5th) You have the right to an attorney. If you cannot afford one, one will be provided for you. (6th)
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limitations on Miranda rights
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cops can ask you questions when you can walk away. custody is issue. Custody+Interrogation=Miranda
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7th amendment
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the right to a jury trial for all civil cases where the amount of value in disput exceeds $20. Only applies to federal cases, states don't have to follow it.
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Civil case (7th)
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cases where a person or group absorbs hurt and blame is assigned to another person or group regardless of whether or not a statute is broken by the action
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Limitations on 7th amendment
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$20 minimum set by congress.
No attorney is guarenteed. |
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8th amendment
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freedom from cruel and unusual punishment when accusation is proven guilty. Typical punishments in US- fines, probation, jail, prison, and death.
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Limitations on 8th amendment
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definititions of cruel and unusual punishment change over time, explains why death penalty went away for awhile. Judges still have flexibility on punishment, some wear signs, others get certain license plates.
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9th amendment
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more rights that people have than are actually listen in the constitution.
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examples of 9th amendment
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Generally used to create the right to privacy since the 1st, 3rd, 4th, and 5th give some assurance to privacy. Freedom of privacy in independent thought (1st), privacy in the home (3rd & 4th), privacy in you things/places (4th), privacy relative to ownership/real estate & life after that
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10th amendment
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powers not specifically to us government are given to the states. In essence, the constitution is a list/ what you can do. Anything not listed is outside its scope.
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Delegated powers (10th)
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those powers given in the constition to the us government (declare war, make currency, enter into treaties)
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Reserved powers (10th)
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left to the states (creating a system of education, or deciding criminal laws)
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Concurrent powers (10th)
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powers that are shared between states and the national governments (power to tax & make laws)
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Denied powers (10th)
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powers that are unconstitutional and cannot be given to government (slavery is against us and state law)
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school searches (4th)
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school officials must meet "reasonable suspicion" a lower standard than probable cause.
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reasons for "reasonable suspicion"
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1. observable phenomena-something suspicious is observed by school official
2. a pattern of abnormal conduct or erratic behavior or infor provided by realiable & credible sources 3. reasons can be explained in court |
