Bill of Rights (scenarios + amendments) Flashcards
Sebastian Hernandez decides to write a petition to stop a waste water treatment center from building near her town. What amendment are they exercising?
Amendment 1 - Right to petition
The police come to your house and arrest your father for having a gun which he legally owns. What amendment has been violated?
Amendment 2 - Right to bear arms
The government forces you to house 5 soldiers in your home. What amendment does not allow this?
Amendment 3 - No quartering of soldiers
A police officer pulls you over for speeding. He has you step out of the car and then searches it. He has no warrant or probable cause. What amendment protects you from this?
Amendment 4 - No unreasonable searches
A person is found not guilty of armed robbery. The courts decide to try him again. What amendment does not allow this?
Amendment 5 - Double jeopardy
You choose to have your civil case heard by a jury. What amendment have you used?
Amendment 7 - Right to a jury trial in civil cases
A person is arrested but never sees a judge or courtroom. He is kept in jail for 18 months. What amendment was violated?
Amendment 6 - Right to a speedy trial in criminal cases
Daniel Medrano is sentenced to death for murder. The governor chooses to let the person be executed by having him thrown out of an airplane. What amendment has been violated?
Amendment 8 - Excessive Punishment
The government says that no one in America is allowed to wear the color blue anymore. What amendment says the government cannot do this?
Amendment 9 - Americans’ rights are not limited to those specified in the Constitution
The government says that states can’t decide to build roads in their state. What amendment has been violated?
Amendment 10 - Those powers not reserved for the federal government are left to the states
Claudia Solis, an eighteen-year old college student, is arrested for stealing Kaitlyn Rendon’s essay and selling it on the Internet. When she appears before the judge, she asks for a lawyer to help defend her. The judge tells her if she is smart enough to be in college, she is smart enough to defend herself. Besides, she is not being charged with a felony, so the stakes are not very high. What amendment has been violated?
Amendment 6 - right to an attorney
A neighbor is suing the Laura Aparicio because a tree in Laura’s yard fell on their roof during a hurricane. The neighbors want Laura to pay $850 to have their roof repaired. Laura requests that a jury be present to hear this case. The judge says it is not necessary since the amount of the repairs is so small. Laura lives in Washington D.C. What amendment has been violated?
Amendment 7 - right to trial by jury in civil cases
Lizbeth Arispe is arrested for shoplifting a candy bar from the EZ Mart. At trial, she is found guilty. The judge decides that the appropriate punishment is to cut off Lizbeth’s hands so that she will not be able to shoplift again. What amendment has been violated?
Amendment 8 - excessive punishment
John Alvarez, an avid hunter, opens the door of his home one day to find agents from the Bureau of Alcohol, Tobacco, and Firearms outside. They inform him that certain provisions of a new federal law allow them to confiscate his rifles so that he may not engage in terrorist activities or plot against the United States government. They have no evidence that he is connected to any such activities. What amendment(s) has been violated?
Amendment 2, 4, 5 - right to bear arms, seizure of property, due process
A known drug dealer is arrested for suspected connections to an inner city murder. The police do not inform him of his rights and immediately begin to interrogate him. They continue until he admits he knows the victim of the crime and was in the neighborhood where the murder took place. What amendment(s) has been violated?
Amendment 5 & 6 - due process, attorney
Because of the budget deficit, the United States government is looking for ways to cut costs. They have announced a plan during peacetime to house unmarried soldiers in the homes of American citizens who do not have children. What amendment has been violated?
Amendment 3 - Not quartering of soldiers during peacetime
Because Member of Congress are unhappy with students’ standardized test scores in many states, they pass a federal law that abolishes local school boards and requires a standardized national curriculum. What amendment has been violated?
Amendment 10 - Those powers not reserved for the federal government are left to the states
A large group of people have gathered around the State prison in Huntsville, Texas; protesting the upcoming execution of Fernando Perez. The inmate was accused of brutally killing a man after an argument which started during a Friday Night high school football game between Bears and the Raiders. During the protest local police arrived after several calls complaining about the level of noise. Police attempted to disperse the crowd fearing they would cause a riot. Protesters (Jesse Martinez, Jesus Gomez, and Brandon Lazo) were placed under arrest for standing on a public road and impeding traffic. What amendment has been violated?
Amendment 1 - Freedom of Assembly
Local newspaper reporter, Lesly Gonzalez, just broke a story about corruption within the local Sheriff Department. As she was preparing to write the story, Sheriff Emily Rendon calls her office warning that if she runs her story, she will place her under arrest. What amendment has been violated?
Amendment 1-Freedom of the Press
The notorious “Softball Killer” Joselin Ramirez was arrested following a 5 day killing spree in which she tortured her victims by tying them up and throwing fastballs at their heads. Following her arrest 10 years ago the federal authorities are now prepared to place her on trial for the murder of 30 innocent teenage boys who refused to take her to the 8th grade prom. What amendment has been violated?
Amendment 6 - Right to a Speedy Trial in Criminal Cases;
Local rapper DJ Cristian Pena was freed from custody today after it was revealed that he was forced to incriminate himself in a crime he did not commit. As it turns out San Juan Police Deputy Sergio Coronado forced DJ Robert Galvan to confess to the killing of Leroy Garza, a local panadero, and owner of “Fresh’ Pan” Bakery on the 1800 block of Raul Longoria. What amendment has been violated?
Amendment 5 - Right to remain silent
Alexah Flores has a long criminal record of petty crimes including guilty verdicts of punching her boyfriend, truancy, and living a YOLO lifestyle. Judge Jenny Hernandez has grown tired of seeing Alexah in her courtroom and wants to teach her a lesson. After committing yet another YOLO influenced crime, Alexah’s lawyer, Dalila Nunez, is asking Judge Jenny Hernandez to set a low bail of $300 that Alexah can afford. This would keep her free from jail until her trial a month later. During the hearing Judge Hernandez places bail at $2 million. As a result, Alexah spends the next month waiting for her trial in jail. Which of Alexah’s rights are being violated?
Amendment 8 - No excessive bail
Jose Perez is put on trial for the murder of a guy he got into a fight with after a car accident. Because of the brutality of the crime the requested punishment is death by lethal injection. After a long trial the court finds Jose innocent due to a lack of evidence and lets him go. A few weeks later they arrest Jose again for the same crime and put him on trial for a second time and find him guilty. Jose is then put to death. What amendment has been violated?
Amendment 5 - No double jeopardy
The Bill of Rights
The first ten amendments to the United States Constitution passed in 1791.
Three categories of Rights:
Individual freedoms
Protection against the government
Right of people accused of Crimes;
The First Amendment
- Freedom of Religion: The right to worship freely no official religion and no punishment
- Freedom of Speech: Ability to say opinions without punishment
3.Freedom of Press: Ability to write/publish opinions without punishment - The Right to Assemble: Can use public property for peaceful meetings or demonstrations
- The Right to Petition: Citizens can petition the government;
The Second Amendment
The Right to Bear Arms
The right of the people to keep and bear arms shall not be infringed (limited)
Protects the right of individuals to own weapons for their own self-defense;
The Third Amendment
The Quartering of Troops in Homes
Gave Americans the right to refuse such request
Warning to the government to respect the privacy of people’s homes;
The Fourth Amendment
Searches and Seizure
Protects people and their belongings from “unnecessary searches and seizures”
Seizure- act of forcibly taking control of a person’s property
The Fifth Amendment
Legal Rights of Citizens:
1. Right to a grand jury
2. No Double-Jeopardy
3. No Forced Self-Incrimination;
The Sixth Amendment
Criminal Trial Rights:
1. Rights of accused people to a FAIR trial
2. Right to a SPEEDY and PUBLIC, by an IMPARTIAL JURY
Impartial- jury should be as unbiased as possible;
The Seventh Amendment
Civil Trial Rights:
1. In all but the most minor cases, people involved in a civil case have a right to a jury trial
2. People involved in a civil case have a right to a jury trial
3. No judge can overrule the jury’s decision
The Ninth Amendment
Bail and Punishment
Protects rights before and after trial
BAIL, FINES, PUNISHMENTS cannot be excessive;
The Ninth Amendment
Rights Retained by the People(Life, Liberty, Happiness)
If some rights were listed and others were not, did this mean that people had only the listed rights?
Other rights and liberties not listed there are also”retained [kept] by the people,”The rights protected under the Constitution are not the only rights people have
The Tenth Amendment
Powers Reserved by the States
Powers not given to the national government by the Constitution are reserved to the STATES
AKA: the “RESERVED POWERS CLAUSE”
Self-Incrimination
Officials cannot force you to say something that might be used against you in trial
Double-Jeopardy
Once found “not guilty” you cannot be tried for that same crime again
Grand Jury
A group of citizens who hear the government’s evidence and decide whether a trial is justified
Impartial
Jury should be as unbiased as possible
Civil Cases
Disputes between people or businesses ($, property, divorce, etc.)
Reserved powers
speed limits, days in public schools, run elections, regulate business, set up local government, licensed doctors, etc.
