Unit 4 And Midterm Deck Flashcards
Bill of rights
-First 10 amendments of the US constitution
-Protects basic rights of the people from the federal government becoming too powerful
-Written by James Madison and inspired by Thomas Jefferson (2 famous anti-feds)
1st- Freedom of (speech, expression, the press, peaceful assembly, religion, and right to petition the govt)
2nd- right to bear arms
3rd- prevents the govt from quartering soilders
4th- safety from unreasonable searches and seizures
5th- right to due process
6th- right to a speedy and public trial
7th- right to a trial by jury
8th- Cruel and unusual punishment+ no unreasonable bail
9th- rights not in the Constitution go to the people
10th- powers not given to the federal govt go to the state govt
What are the limits to the BOR
1st-
Speech- can’t threaten or promote violence
Assemble- Need a permit, must be peaceful
Petition- no violence
-in school- needs approval and can’t distrust school day
4th-
-no need for a warrant if it’s in plain sigh
-no warrant if there is no imminent danger
-no warrant if permission is given
5th-
-if accused of terrorism, then no due process
6th-
-minors at the time of the offense can’t get the death penalty
Establishment Clause
The clause in the 1st amendment of the Us constitution that prohibits the establishment of religion by congress or the govt
NOTE:
-no govt buildings/workers can ignore this
-schools are included
Free Exercise Clause
One can practice religion freely, but cannot endanger others
5 protections of the 1st amendment
1.Free Speech
2.The press
3.Peaceful assembly
4.Religion
5.Right to petition the government
Second amendment
-Right for citizens to bear arms
-controversial
Who can’t own a gun:
-Fugitives
-Addicted/unlawful users of narcotics/controlled subjects
-People with mental illnesses or have been admitted to a mental hospital
-People that have been convicted of any crime with a punishment exceeding a year
-Dishonorably discharged veterans
-People that have renounced their us citizenship
-Illegal aliens in the US
-people with a court order that restrains them from stalking, harassment, threatening, etc
-Person convicted with domestic crime/misdemeanor crimes
3rd amendment
Prevents quartering of soldier’s to be forced upon anyone
4th amendment
Protecting from unreasonable searches and seizures
Reasonable suspicion- a “reasonable” person would see the wrong in a situation
Probable cause- hard evidence that points to a person being guilty
Warrant- A legal document issued by a judge that specifically states: WHAT the police are looking for
Plain View - if evidence is out in the open it doesn’t need a warrant to be obtained
Terry Stop- gov officers need reasonable suspicion to stop and frisk someone.
5th amendment
Right to due process
What is due process?
All government laws and procedures must be fair and reasonable when someone is accused of a crime.
Miranda Rights
Rights that are read to you at the time of your arrest. (not originally part of the Constitution)
What are some of the protections in the 5th amendment
-Self-incrimination- can’t be forced to be a witness against yourself
-Double jeopardy- Can’t be charged for the same crime 2x
-Eminent Domain- government can take ur land for public use IF they provide just compensation
-Pleading the 5th- staying quiet till ur lawyer arrives
6th amendment
RIght to a speedy and public trial
Must be told…
-who is charging you
-what crime you committed
RIght to an impartial jury
Right to a lawyer
7th amendment
-Right to a trial by jury in all civil cases
8th amendment
-no excessive bail or punishment
-no cruel or unusual punishment
-death penalty
Death penalty
Aka capital punishment
-legal in 27 states
5 methods;
-lethal injection
-electric chair
-gas chamber
-hanging
-firing squad
Who can’t get it
-minor
-mildly ill
-mental issues rom birth
9th amendment
All rights not in the constitution go to the people
10th amendment
Powers not given to the fed govt are given to the states
Engel v. Vitale, 370 U.S. 421 (1962)
● A public elementary school had a tradition students to pray a nondenominational prayer after the pledge of allegiance every morning
● Students were able to not participate in the activity if they choose (supposedly)
● The state of New York’s Board of Regents authorized a voluntary prayer to be recited at the
Verdict: (6-1)
-court ruled that it did violate the establishment clause because it wasn’t truly an environment where the prayer was optional
-schools cannot have school led prayer even if its optional by school led I mean led by the staff)
Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000)
● A student would have a public prayer before every football game
●Students elected two people and voted TO HAVE prayer before football games
●the student body voted 51% in support of the prayer
● District wanted to host a non religious prayer at the beginning of the games
Court ruled w/ the district because the prayer a violation of the Establishment Clause because the football game was a school sponsored event on school grounds, therefore it’s as if the school is endorsing a religion
Establishment court case
Hazelwood v. Kuhlmeier (1988)
● Students in a journalism class at Hazelwood East High school in St. Louis, Missouri were writing stories about issues among their peers
● The articles published in the newspaper (which was sponsored by the school)
● The principal deleted the articles about teen pregnancy and the impact of divorce without the student’s consent
● 3 students took this case to the US District court claiming it violated their first amendment right
● The students appealed to the court saying that the paper was a public forum. The case was taken to the Supreme Court
Ruling: (5-3) in favor of school because the school news paper was not a forum for free speech it was more of a private forum for journalism students to hone their skills. Also, the content of the articles did not align with the schools curriculum
Free speech case
Morse v Frederick (2005)
●Students hung the banner “BongHits 4 Jesus” at a school-sponsored off-campus event for the Olympic in Alaska
● The school said that he couldn’t do this but he continued to this anyways
● The school suspended him and Fedrick sued the school for violating his freedom of speech
Ruling: (5-4) in favor of the school because the content of the speech was supporting illegal drug use
Free speech case
Tinker v. Des Moines (1969)
● During the Vietnam war students were wearing the black armbands to protest the war
● The school made a rule saying that students could not wear black armbands out of fear the protest might disrupt the school day
● The students continued to wear them and were suspended
● The students parents sued the school
Ruling: 7-2 in favor of the students because the students “don’t shed their first amendment rights at the school door” and the school cannot act in fear of something that hasn’t happened yet
Free Speech Case
shortcomings of prison and the death penalty
Conditions of the prisons
-In many prisons, there is inadequate medical and mental health care, severe mistreatment of the prisoners, dirty and unsafe living space, vermin infestations, and abuse from the wardens towards the prisoners in multiple ways
-Many of the prison guards used illegal abusive methods, such as sexual assault and abuse, towards the prisoners. For example, the wardens would sexually harm the women that were incarnated. Additionally, many of the prisoners that were there did not even commit extreme violent crimes that would merit these kinds of abuses, showing how the harm they receive goes under cruel and unusual punishment
Effectiveness
-It’s not very effective in preventing homicide rates and other violent crimes, and additionally it costs a severely large sum of money. It also has chances of becoming botched, which would violate the 8th amendment rights of the prisoner, and different biases lead certain people towards the death sentence and not to the others. Therefore, it is not very effective.
Nondominational
Not specific to any religion
Exclusionary Rule
evidence obtained without a warrant cannot be used in court
Writ of Habeas Corpus
The accused person must be told of the crime and why he/she is being blamed.
(The accused must be told about the evidence against them.)
Equal Protection clause
States must protect everyone equally
