1ST AMENDMENT

FREEDOM OF EXPRESSION FREEDOM OF SPEECH FREEDOM OF THE PRESS FREEDOM OF RELIGION

FREEDOM TO ASSEMBLE PEACEABLY

FREEDOM TO PETITION THE GOVERNMENT.

LIMITS TO FREEDOM OF EXPRESSION

1. CAN’T CAUSE A DISTURBANCE

2. CAN’T WORK TO OVERTHROW THE GOVERNMENT

3. CAN’T SLANDER(RUINING SOMEONE’S REPUTATION BY WORD OF MOUTH)

4. CAN’T LIBEL

(RUINING SOMEONE’S REPUTATION IN PRINT)

5. CANNOT ENDANGER SOMEONE’S LIFE

6. CANNOT INFRINGE ON ANOTHER’S RIGHTS

(PROTESTING AT AN ABORTION CLINIC; NOT LETTING PEOPLE PASS)

7. CANNOT BE OBSCENE

a) must follow community standards

b) must have scientific or artistic value

c) cannot elicit sexual excitement

FREEDOM OF RELIGION

╬ Freedom to believe in anything you want.

╬ Must stay within the rules of the state

╬ Prayer in school is acceptable as long as it is done privately and silently.

4th Amendment

In 1967 the S.C. decided that “electronic bugging” was considered a seizure even

Although the 4th Amendment does not mention the “right to privacy” specifically, it has been interpreted by the courts to protect this right.

though no physical intrusion occurred. We now believe our conversations to be private.

REASONABLE SUSPICION

Is when school officials, or the police, feel they have a valid reason to keep an eye on you.

PROBABLE CAUSE

Is evidence that gives the police the belief that someone has broken the law. However, police as a rule, are not allowed to decide probable cause.

The police must present their reasons to a judge for the right to search and seize.

Reasons must include: 1. Direct contact w/ suspect. 2. A trustworthy source.

The police can search and seize without the permission of a judge in cases of: violent crime; robbery in progress, etc.

However, the police must be able to prove to a judge that they had probable cause.

SEARCH WARRANTA written document that

gives the police permission for a search and/or a seizure. The warrant must specify the place to be searched and the persons or things to be seized.

Bars from the court the use of evidence obtained in violation of the 4th Amendment. It was passedto deter violations of search and seizure law.

EXCLUSIONARY RULE

PRO ARGUMENTS FOR THE RULE

It discourages officials from violating the law.

It makes sure that the courts obey the law.

It rarely results in criminals being set free.

It makes the point that the government is not above the law.

ARGUMENTS AGAINST THE EXCLUSIONARY RULE

It is not reasonable to exclude reliable evidence of a crime.

There are better ways to make officers obey the law.

The rule encourages police lawlessness.

The rule breeds disrespect for the courts.

Thousands of criminals do go free.

The rule does not protect innocent people.

5th AMENDMENTThe right to a grand jury or preliminary hearing.

Double jeopardy

Cannot be tried for the same crime twice once acquitted.

Cannot be deprived of life, liberty,or property, without due process –the steps the law must take.

Private property cannot be taken for public use without just compensation.

Take the 5th – Plead

6TH AMENDMENT6th Amendment

Accused shall have a speedy and public trial by an impartial jury. Accused shall be informed of the nature and cause of the accusation.

Accused can be confronted by witnesses against him/her.

Right to witnesses in your favor.

Right to have defense counsel.

7th Amendment: Any CIVIL case of $20.00 or more can receive a jury trial. This is different than the 6th amendment which deals with criminal cases involving a jury.

8th Amendment: No cruel and unusual punishment; no excessive bail or fines.

9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10.The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.