Docstoc

BILL OF RIGHTS

Document Sample
BILL OF RIGHTS Powered By Docstoc
					                                     BILL OF RIGHTS
The Bill of Rights was added to the Constitution in 1791. Originally the Bill of Rights only
applied to the federal government. It was not until the 1868 and the addition of the 14th
amendment that states were required to respect the rights guaranteed in the Bill of Rights.
FIRST AMENDMENT-
 Freedom of religion- free exercise clause- guarantees that each person may choose to be
   believe in whatever they want- no person has the right to break any laws or hurt anyone
   while practicing their religion - also part of freedom of religion is the establishment clause-
   the government cannot put one religion above another (laser 11073)
 Freedom of speech and press- limited by libel, slander and obscenity (laser 12409, 14245)
 Freedom of assembly and petition- gov. can control time, place and manner (laser 16366)

SECOND AMENDMENT- provides for states to keep militia- does not guarantee the right to
    bear arms is free and unrestricted (laser 17921)

THIRD AMENDMENT- forbids the quartering (housing) of soldiers in private homes

FOURTH AMENDMENT-
 protects against unreasonable search and seizures
         warrants must have probable cause unless police are in "hot pursuit' or with the lawful
          arrest of a suspect
 Weeks v. U.S.-1914- Sup. Crt. est. the exclusionary rule- evidence seized illegally cannot be
   used against you
 Mapp v. Ohio-1961- Sup. Crt. ruled that the 14th amend. required states must respect the
   rights of individuals and must respect the exclusionary rule(case of pornography in bedroom
   of the boarding house original intent of the search was for gambling evidence)

FIFTH AMENDMENT-
 must have an indictment from a grand jury if it is a serious crime(laser 22661)
 protection against self incrimination- you cannot be forced to testify against yourself (laser
   24339) Miranda v. Arizona- 1966- Sup. Crt. est. the Miranda Rule- you have the right to
   know your rights (laser side two- 41126)
 due process of law- fair laws and fair treatment (laser 26226)
 double jeopardy- cannot be tried twice for same offense- (O. J. civil case v. criminal case)
 right of eminent domain- gov can take property w/ fair market compensation(laser 27492)

SIXTH AMENDMENT-
 guarantees speedy and public trial
 trial must take place in district crime was committed unless granted a change of venue
 right to summon and cross examine witnesses
 right to counsel- Powell v. Alabama- 1932- ruled person convicted of a capital case can have
   an attoney appointed to them if they cannot afford one
   Betts v. Brady-1942- ruled mentally ill or illiterate people have the right to a lawyer in all
       court cases
   Gideon v. Wainwright- 1963- ruled gov must provide a lawyer in criminal cases if the
   defendant cannot afford one
    Escobedo v. Illinois- 1964- ruled have the right to a lawyer at the time of police questioning

SEVENTH AMENDMENT- you have the a right to a jury trial in cases over $20
EIGHTH AMENDMENT-
 protects against cruel and unusual punishment
  Furman v. Georgia- 1972- ruled the death penalty can only be used in cases where there is a
  clear well-defined state law- in Texas person commits a homicide while in the act of
  committing a felony, killing police, prison guard, murder for hire, killing more than one
  person in the same incident- jury must answer yes to 3 question- 1. was the murder provoked?
  2. was it deliberate? 3. is the accused a threat to society? (laser 31842)
 protection against excessive bails and fines

NINTH AMENDMENT- guarantees that there are more rights beyond those listed in the Bill of
   Rights

TENTH AMENDMENT- provided the reserved powers for the states

FOURTEENTH AMENDMENT- provides for states to respect the due process rights of each
individual and provide equal protection under the law



LEGAL CASES

WHAT AMENDMENTS APPLY TO EACH OF THESE CASES?

1. John was arrested by HPD for murder. He claims Frank saw him in another location at the
time of the murder, but Frank is worried about his own legal problems and refuses to testify in
court.

2. Susan runs an adult bookstore located in the commercial part of the city. A small but vocal
group of citizens is pressuring the Mayor and City Council to force Susan to close the down the
bookstore.

3. Jeanne is stopped in Friendship, Tx. for speeding (75 mph in a 55mph zone) and failure to
have a valid driver's license. She is taken into to custody and bail is set at $345,000.

4. In a small town in west Texas, James is accused of raping and stabbing to death the Mayor's 3
year old daughter. Everyone in town is talking about James and what kind of punishment he
should when he goes to trial.

5. A Christian student at a local high school wants to meet in the school building one evening
every other week. The school board has denied the request.

6. Gerald was found not guilty for the murder of his wife. Ten years after the murder, in a fit of
anger he threatens to get rid of his second wife the same way he did the first.

7. The police notice a lot of people coming and going from Benjamin's house. This is common
with drug dealing. On the third day, the rush into the how and search the property and find 6
ounces of cocaine.

				
DOCUMENT INFO