Unit 2 - Individual Rights Flashcards
First amendment
Freedom of.... Religion Speech Press Assembly Petition of grievances
Second amendment
-Right to bear arms
Third amendment
– No quartering troops during peacetime
Fourth amendment
– No unreasonable searches and seizures unless there’s probable cause
Fifth Amendment
– No self-incrimination (Accused persons may refuse to answer questions on the ground that the answers might incriminate them)
– Grand jury (Must charge person of committing a crime)
– imminent domain (If government says you have to move, you have to move)
-Due process of law (No deprivation of life liberty and property without this)
– Double jeopardy (a person may not be tried for the same crime more than once)
Sixth amendment
– Speedy and public trial – Confront accusers – Call witnesses on your behalf – Right to an attorney – Right to be informed of charges against you
Seventh amendment
Right to trial by jury in civil cases over $20 (suing)
Eighth amendment
– Excessive bail shall not be required
– Excessive fines won’t be imposed
– No cruel or unusual punishments
Ninth amendment
Peoples rights are not limited to those mentioned in the Constitution
Ex: Rights to privacy
10th amendment
Protect states and the people from an all-powerful government
– Powers not listed in the constitution belong to the states
5 parts of the First Amendment
1) free speech
2) freedom of religion
3) freedom of the press
4) freedom of assembly
5) right to petition for grievances
types of speech
pure speech, speech plus, symbollic speech
pure speech definition
verbal expression of thought and opinion before an audence that has chosen to listen
speech plus definition
action such as marching, demonstrating, or picketing as well as words
symbollic speechdefinition
using actions and symbols in the place of words to express opinion
pure speech doesn’t apply…
1) clear and present danger
2) libel
3) slander
Libel
written or published statements intended to damage a person’s reputation
slander
false speech intended to damage a person’s reputation
SC case questioning symbollic speech
Texas v. Johnson (1994) & US v. Eichman
Texas v. Johnson
(1994)
- Texas law prevents destruction of flags
- Johnson says burning the flag is a form of protest
- Texas claims no intent to limit speech
- SC rules 5-4 & Johnson wins
- Burning the flag is legal
- In retaliation, Congress passes a law banning burning flags (Flag Protection Act)
Flag Protection Act
Congress passed in response to the Texas v. Johnson ruling
US v. Eichman
- Eichman burns a flag on the day the FLA was passed
- SC maintains the same ruling at 5-4 and Eichman wins
- Reaffirms Texas v. Johnson; burning the flag is legal
Exclusionary Rule
(4th Amendment) states any evidence illegally attained by the police cannot be used against the defendant
Exclusionary Rule originated from what case?
Weekes v. US
Benefits of the Exclusionary Rule
- Deters police from inappropriate activity
- Ensures privacy for private citizens
- Maintains legitimacy of the law
Exception to the Exclusionary Rule
1) Good Faith Exclusion
2) Plain sight
3) Inevitable Discovery
Good Faith Exclusion
if police execute a warrant thinking it to be good but it is not, the evidence is still emissable. (covers clarical errors) ex: the address # on the warrant is wrong
Plain sight
if evidence is visibly in sight, it is usable to the police
Inevitable discovery
if we are going to learn about the evidence anyways, its usable
Fourteenth Amendment
1) citizenship by birth
2) equal protection
3) due process
Citizenship by birth
anyone born on American soil is American
Equal Protection
everyone is equal
Due Process
Says a “person” not a “citizen”; cannot be denied this; rules that the gov’t cannot skip
“Person” not “citizen”
EVERYONE is guaranteed some rights
Affirmative Action
a policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity as in education and employment
Weekes v. US
Case that established the Exclusionary Rule
Regents of the University of California v. Bakke
(1978)
- UC reserves 16 spots per 100 for qualified minorities
- Bakke files a suit for admission on basis of the 14th Amendment’s equal protection clause
- SC agrees that diversity is important, but quotas are not an option
- Bakke wins
Gratz v. Bollinger
(2003)
- Jennifer Gratz applis to the University of Michigan as as undergraduate but is denied admission
- UM uses a point system which favors minority admissions
- Gratz claims violation of the 14th Amendment equal protection clause
- SC rules for Gratz saying the point system is to arbitrary
Grutter v. Bollinger
(2003)
- Barbara Grutter applies to UM law school but is denied
- UM uses race as a factor in admission
- Grutter claims violation of the 14th Amendment equal protection clause
- SC rules in favor or UM…race is a factor, but not the only way to determine admission
Right to Bail
- Key to principle of the presumption of innocence
- Goes back to English common law (1275-Statute of Westminster)
Bail
money you pay to get out of jail before being convicted
- Bail should match the goal of the gov’t which is to get the person to return to court for their trial
Preventive Detention
Bail can be denied when…
- the defendent poses a threat to an individual or the community or themselves (US v. Salerno 1987)
- risk of flight
US v. Salerno
(1987) a witness against salerno had an “accident” while Salerno was on bail; he was put on trial again & denied bail; SC agreed
Death Penalty Court Cases
Furman v. Georgia & Gregg v. Georgia
Furman v. Georgia
(1972)
- SC ruled that application of the DP was arbitrary and violated the 8th Amendment
- All states using the DP commuted all death sentences of all death row inmates (all men on death row that year were let off)
Gregg v. Georgia
(1976)
- DP doesn’t violate 8th Amendment
- Law allows for a 2-part trial
1) Guilt Phase
2) Sentencing Phase
