CL #4: #5-101.Which court case says public schools cannot

allow prayer in the classroom?

2.Which court case establishes the exclusionary rule?

3.Which amendment protects my right from unreasonable searches and seizures?

4.What level of proof do police need to search my car?

5.Name 1 court case that establishes privacy.

5th Amendment: rights of accused• No double jeopardy

– Can’t be tried for the same crime 2xs

I plead the 5th!

• Freedom from self-incrimination

–Telling on yourself

–If you are accused, you do NOT have to speak

• Plead the 5th under oath

• Miranda v. Arizona (1966)

Due Process• Gov cannot deprive you of

life, liberty or property w/o due process of the law– Procedural DP: is the

law fairly applied? Follow proper procedures?

– Substantive DP: is the law itself fair?

– Prevents arbitrary decisions

Eminent domain

• Gov can take property w/just compensation

6th Amend: rights of accused in criminal cases

• Speedy & public trial

• Jury of 12

• Witnesses

• Defense

– Gideon v. Wainright

7th amend: Civil Cases

• Right to sue for damages • Hot Coffee! A 79 yr old woman

orders coffee in a McDonald’s drive thru. Her nephew, the driver, stops the car so she can add cream & sugar. Coffee spills – and she gets 3rd degree burns on 6% of her body. She asks McD to cover her hospital costs. They refuse. She sues. Who’s right?

8th amend: punishment

• No excessive bail or fines– Bail: amount paid to be free while

awaiting trial • No cruel & unusual punishment

– Furman v. Georgia (1972)– DP in this case was arbitrary – states

need to stop DP until they can ensure equal treatment for all

– CA temporarily banned DP

9th amend:

• Rights NOT listed in the Const are retained by the people

10th amend: don’t you know me?• Powers NOT delegated to the U.S. govt or

prohibited to states are reserved to states– EX: