4th 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.
4th Amendment Questions.
• Answer questions on 4th amendment
handout in class.
Individual Rights
The Fifth Amendment
The Fifth Amendment
…nor shall any person be subject for the same
offence 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.
1.) In pairs break down the fifth amendment and
rewrite it in your own words. Be prepared
discuss your analysis to the class.
Eminent Domain
• Kohl V. U.S. 1876:
– Power of eminent domain is ruled essential
to the government’s ability to fulfill its duties
to the public.
– Public over individual good.
Eminent Domain
2. Do you feel the government should
have the right of Eminent Domain?
Explain.
Double Jeopardy
• Designed to protect an individual from
being subjected to the hazards of trial and
possible conviction more than once for an
alleged offense.
3.) Make two columns brainstorming the
ways that the double jeopardy protection
may help/hurt society and/or an individual.
Double Jeopardy
• In 1991, Sattazahn was convicted of murder but the
jury deadlocked on whether he should be put to
death. As a result, he was sentenced to life in prison
under Pennsylvania law. Sattazahn appealed his
conviction and eventually won a new trial. In the new
trial, he was once again convicted of
murder. However, this time, the jury voted
unanimously to put him to death.
4. You are a supreme court judge come up with rational
explanations for why this does or doesn’t violate the
double jeopardy clause.
Right against self-incrimination
• Protects people from being forced to
reveal to the police, a judge, or any gov’t
agents any information that might subject
them to criminal prosecution.
• Can’t point to “silence” as evidence of guilt
• Limited to speaking, writing, and nodding.
• Can use DNA and Fingerprints without
permission.
Miranda V. Arizona
• Class readings and activity
Right to Due Process
• Protects those accused of crimes from
being imprisoned without fair procedures.
• Applies to all judicial proceedings, whether
criminal or civil, that might deprive
someone of “life, liberty, or property”
Due Process Cont…
8. In your opinion should police have to read
people their Miranda Rights? Explain why
or why not.
9. Do you feel that prisons like Gitmo who
detain people outside the U.S. without Due
Process are necessary and okay in the
interest of national security?
Due Process and the Patriot Act
Liberty v. Security
Create a propaganda poster that shows
support either for or against the Patriot Act
that addresses the conflict between liberty
and security in America today. Which is
more important liberty (due process) or
security?
Answer the question on the back in
paragraph form
6th 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 where in
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
defence
Impartial Jury:
10.) What do you feel is an impartial jury of
your peers?
Voir Dire Process:
Each side may question potential jurors to
determine any bias, and challenge them if
bias is fund.
Counsel:
• The accused have the right to deny
counsel (representation).
• But in doing so can’t use ignorance or
negligence as reason for a mistrial.
7th 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 re-examined in any Court of the
United States, than according to the rules
of the common law.
8th Amendment
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
11.) According to your understanding of
rights is the Death Penalty constitutional?
• In the last 30 years or so serious teen crimes
have been on the rise. Some in the
community believe one of the main reasons
for this is because teens feel like they can’t
get in serious trouble because they are
minors. As a result, recently there has been
an increase in minors being tried as adults.
12.) When do you feel that minors should be
tried as adults? Explain with examples.
tenth ame
10th Amendment
• The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people.
Legalized Marijuana v Federal Law
13.) Even if California were to vote to
legalize marijuana in November it would
still be considered a crime to use, grow
and possess it according to our Federal
government. How could this possibly
result in a supreme court case someday?
Texas V Hernandez Movie
1. What is the case about? Why is it so important?
2. Why did civil rights groups pick this case to
concentrate on? Explain.
3. Why did attorneys representing the State of
Texas support the right of the court to exclude
Mexican Americans from juries?
4. Describe a moment in the film that you found
particularly inspiring or disturbing. What was it
about that scene that moved you?
5. How was the experience of Mexican Americans
similar to and different from the experiences of
African Americans? Provide examples.