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					Civics Ch 15/3
The American
Legal System
   T. Holt
The constitution is the basic law of the land.
Each branch of government has a role in
making, enforcing and interpreting the laws.
           Stare Decisis
• Rulings that judges pass down are
  used later in similar trials and this
  process is called Stare Decisis
  which is
“Let the decision stand”
       Writ of Habeas Corpus
• Article I in the constitution includes several
  basic rights of Americans.
• This means that when a police officers
  brings you into the court, he must tell you
  why you are being held.
• The officials must show good reason why
  they are holding you, or they may let you
  go because it is unlawful to hold you
  without reason.
 Bill of attainder is a law that punishes a
person accused of a crime without a trial
or a fair hearing in court. Article I forbids
                  this law.
     Due Process of law

• The govt. may not take our
   lives, liberty or property
   except according to the
    proper exercise of law.
      4 th
        amendment
    search and seizure
 • This amendment protects
citizens against “unreasonable
       search and seizures”
 • It is a fundamental right to
      secure your home and
             property.
A police officer must obtain
    a search warrant that
specifically describes what
is to be searched and what
     item is to be seized.
  Police officers must have…


• Probably cause- a good reason to
  believe a wanted person is hiding
  in that place or that goods or
  evidence are housed there.
Mapp vs. Ohio

    • 1961
  • Pg 301
          th amendment
            self incrimination, double
             jeopardy and grand juries

      “I plead the 5th” is a common phrase
      that those who have been accused
      of a crime often say.
           Grand jury-
           if you
Miranda    commit a
  vs.                     Double jeopardy-
           serious
Arizona    crime you     cannot be retried for
pg 673     must be         the second time
           brought
           before a
           grand jury.

				
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posted:11/4/2012
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