In Our Defense Flashcards
1
Q
First Amendment
A
- Freedom of Speech
- Missouri Knights of the KKK v Kansas City
- KKK wanted to have show that pushed their beliefs
- claimed it was their 1st amendment right to free speech
- a reverend said it was terrorism and sued
- Ct. ruled in favor of KKK, the show was only speech and no actions were shown to have clear and present danger
- the channel aired, although only 1 episode
- Missouri Knights of the KKK v Kansas City
- Freedom of the Press
- US vs the Progressive
- lawsuit against progressive magazine by the US dpt. of energy
- to prevent the publication of an article revealing the secret of the H-Bomb
- though info was found in public sources, the DOE said it pieced it all together
- case was dropped after info was published and article was printed
- *The government may not impose prior restraint for the press, BUT a successfull diplomacy and defense requires confidentiality and secrecy to restrain the press. The gov must prove lack of safety. *
- US vs the Progressive
- Freedom of Religion
- Lyng v Northwest Indian Cemetary Protective Association
- the US forest service watned to complete a road to connect 2 towns that passed thru native american religious lands
- natives fought for their land
- Ct. allowed forest/road to be built bc there was no substantial burden and they couldnt operate if they satisfied all religions’ needs
- Lyng v Northwest Indian Cemetary Protective Association
- Freedom of Assembly
- Hobson v Wilson
2
Q
Second Amendment
A
- Right to keep and bear arms
- quilici v morton grove
3
Q
Third Amendment
A
- Quartering troops
- engblom v carey
4
Q
Fourth Amendment
A
-
unreasonable search and seizure
- mcsurely v mcClellan
- the mcsureleys landlord (the comptons) told them they had to leave because the C’s got phone calls about the Mc’s being communists
- C’s found communist books in the house and called police w a warrant prepared for seditious matter
- docs were taken and the couple were arrested
- the Mc’s were set free but their possessions were locked away
- John Mclellan, an AK senator, was chosen to investigate the cases and john brick the docs
- the court kept the docs unlawfully and the items were returned and burned by the Mc’s (an act of contempt)
- they claimed exclusionary rule bc evidence seized in an illegal search cant be used in court
- grand jury ruled in favor of Mc’s
- mcsurely v mcClellan
5
Q
Fifth Amendment
A
- Right to a grand jury indictment
- Rudy Linares
- doctors refused to take sammy, son, off of life support and linares could not afford lawyer
- rudy pointed gun on nurses and took sammy off life support
- he turned himself in
- tammy (mom) was reluctant to testify bc she could be charged w murder
- grand jury voted not to indict rudy for 1st degree murder
- a grand jury can argue and come up with many opinions better than a judge. they didnt find suffiecient evidence to prosecute.
- Rudy Linares
- Double jeopardy
- green v US
- a normal man who lived w his elderly friend
- firefighters were called and bettie was found dead and green found face down in bloody bath w stab wounds and suffering smoke inhalation
- green claimed an intruder did the damage (except house was completley locked)
- the judge mistakenly convicted him of murder2, when it was really murder1 or not guilty
- his attorney said to reverse #2 murder and be tried for 1st (life sentence) BUT to try green again would be double jeopardy
- judge didnt agree and sentenced him to death
- green was spared after more debate
- the law is not allowed to repeatedly convict an individual subjecting them to embarassment, expense, anxiety, or guilty appearance
- green v US
- Right against self incrimination
- baltimore city of social services v bouknight
- Due process of law
- fuentes v shevin
- “takings”
- poletown neighborhood council v detroit
- the gov is allowed to force you to sell you buss/school/home/land for hwys/dams/parks w just compensation
- city claimed it was taking land for GM to alleviate econ crisis and benefit to GM was coincidental
- the people protested, mostly the local priest saying property was being taken against their will
- GM won and employed 3,000/6,000 expected
- poletown neighborhood council v detroit
- *
6
Q
6th amendment
A
- right to an impartial jury
- Machetti v Linaham
-
right to confront
- coy v iowa
- a girl and her friend slept in their backyard when a man approached them and moletested both
- they believed it was their neighbor, coy, but he barely matched the girls description
- they found a cup in coys possession from the scene but he claimed he found it
- the girls refused to testify and see him
- they testified in an enclosed area and refused to later speak
- coy was released
- claim violated due process bc screen made him appear guilty before he was properly tried
- the state acknowledged face to face confrontation but coy v iowa was exception in that it could protect children, and no violation bw cross examination was affected
- coy v iowa
- right to compulsory process
- in re myron farber
- right to counsel
- us v cronic
- 3 ppl accused of mail fraud of “check kiting” scheme where checks are transferred bw banks in FL and OK
- a young unexperienced lawyer was assigned
- right to counsel was violated bc of lack of time, experience, and gravity of charge
- he went to prison and was released on double jeopardy
- us v cronic
7
Q
7th amendment
A
- right to a civil jury
- complexity
8
Q
8th amendment
A
-
cruel and unusual punishment
- tison v arizona
- gary tison and randy greenawalt escaped from prison and killed 6 ppl
- gary and surviving tisons were charged w 92 crimes, 4 murders
- ricky and ray and randy were sentenced to death
- held legally responsible for acts of their accomplices
- sup ct ruled that a nontriggerman who does not mean to murder may be executed if participated w consent
- tison v arizona
9
Q
9th amendment
A
- Rights reserved by the people
- privacy
- Griswold v Conneticut
- law prohibited any drug/instrument to prevent conception, even married
- violated at home privacy
- state lifted ban
- the gov cant regulate reproductivity
-
Roe v Wade
- law ruled ban abortions except to save life of mother
- state lifted but they are allowed to protect during 2nd/3rd trimester
- privacy clause is broad enough to encompass womans decision whether or not to terminate her pregnancy
10
Q
10th amendment
A
- powers reserved to the states
- minimum wage
11
Q
clear and present danger
A
- doctrine to determine under what circumstances limits can be placed on 1st amendment freedoms of speech press or assembly
- concept that the gov itself cant punish ppl for freedom of speech unless it creates clear and present danger
12
Q
prior restraint
A
- imposed censorship by the gov on expression before the expression actually takes place (prevents material from being heard/seen at all)
13
Q
grand jury
A
- legal body that is empowered to conduct official proceedings to investigate potential criminal charges
14
Q
well regulated militia
A
- necessary militia to protect the state/country is well regulated and controlled
15
Q
eminent domain
A
- the right of gov/agent to expropriate private property for public use with compensation
