Bill of Rights Amendments Flashcards
What is the 8th Amendment?
This Amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants. A lawyer against the death penalty for youth would argue for this amendment.
What is the 4th Amendment?
Protects people from unreasonable searches and seizures by the government. This is only works for searches that are deemed unreasonable under law.
What are the five parts of the First Amendment?
Speech, press, religion, protest and right to assembly. (Come up with and example of each)
What is the 6th Amendment?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
What was Gideon v Wainwright?
Gideon appeared in court without an attorney. When he asked for one, because he couldn’t afford on, Florida denied his request. The decision of the court sided with Gideon.
What was McDonald v Chicago?
McDonald wasn’t allowed to possess a handgun, when he was worried about robbers. Court ruled that the right to possess a hand gun for self defense is applicable.
What was the 2nd Amendment?
Right to own a gun can not be taken away by a city/ state - selectively incorporated this right upon states.
What is the 5th Amendment?
Protection against double jeopardy and right to a fair trial
What is double jeopardy?
A defendant cannot be tried or punished for the same offense more than once.
What is a Incorporation Doctrine?
First ten amendments are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
What is the due process clause?
government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.
What is Prior Restraint?
Ability of the government to censor printed materials and prevent their publication.
What was NY Times v Sullivan?
First Amendment freedom of speech protections limit the ability of public officials to sue for defamation.
