The Bill of Rights

U.S. Constitutional Amendments 1-10

Amendment 1Freedom of Religion

• No official religion.• People of many

different faiths settled in America.

Amendment 1Freedom of Speech and Press• Free to question the

government, express themselves, and exchange information without fear of harm or arrest.

• Limitations-slander and libel: saying or printing things meant to damage another person’s reputation or endanger the nation or public.

Amendment 1Right to Assembly

People can hold meetings to discuss public issues.

Amendment 1Right to Petition

• People can ask government to correct a wrongful situation.

Amendment 2Right to Bear Arms

• Private citizens and citizens serving in the state militias have the right to be armed.

• Government can pass laws to control the possession of weapons.

• Private citizens cannot own some kinds of weapons; federal and state laws determine who can be licensed to own firearms; people with criminal records cannot own guns.

Amendment 3Keeping Troops in Private Homes

“Quartering Soldiers”• In place to prevent the

problems caused when the British tried to house the Redcoats in colonists’ homes.

• In national emergencies, special laws can be passed to order the temporary housing of troops.

Rights of Persons Accused of a Crime

Amendments 4-8 protect the rights of persons accused of crimes. The American legal system is guided by the idea that each person is “innocent until proven guilty.” The government tried to protect the accused person’s rights throughout the criminal investigation.

Amendment 4Search and Seizure

• Protects the right to privacy• Searches of private homes must be

authorized by a judge, who issues a search warrant. To get a search warrant, law officers must show probable cause.

• Probable cause means the search is likely to uncover evidence concerning a crime. It must be specific and describe the place to be searched and what is being searched for.

• Illegal items found during unauthorized searches cannot be used as evidence in a trial.

Amendment 5Rights of Persons Accused of a Crime

• “I plead the Fifth”- refusing to testify against yourself.

• Cannot be charged unless indicted by a grand jury (decides if there is a good reason to believe the accused person is guilty).

• Double Jeopardy- protects from being tried of the same crime twice, if you are found innocent. If found guilty, you can appeal, or ask a higher court to decide if there was an error in the first trial.

• Due Process- the guidelines that protect a person’s rights during legal proceedings. You cannot be imprisoned, executed or have property taken away without due process.

Amendment 6Right to a Fair and Speedy Trial

• Speedy Trial- the accused will not have to wait very long before a hearing.

• Fair- the jury must swear to be objective and fair in weighing the evidence; the accused must be told the exact charges so that he can prepare a proper defense; the trial cannot be secret; the accused must be present and have a chance to question witnesses; the accused can call witnesses to testify on his behalf; the accused has the right to be represented by a lawyer.

Miranda v. Arizona• On March 2, 1963, a young woman was kidnapped and raped.

Two weeks later, police picked up Ernesto Miranda for questioning. At the station, he was identified in a lineup. The police spend two hours questioning Miranda. Eventually, they convinced him to write down and sign a confession (violated the Fifth Amendment right). This confession was used as evidence against him. He was convicted and sentenced to prison. His attorney argued that he had never been told his Constitutional rights. The Arizona Supreme Court denied the appeal stating that Miranda knew his rights. It was later appealed to the US Supreme Court, where it was overturned.

• There was no evidence that the police used force to obtain the confession but by signing the confession, Miranda had unknowingly testified against himself. He had not been given a lawyer before or during the questioning (violated the Sixth Amendment).

• Unless a suspect is clearly told about his or her rights, none of the answers can be used in a trial.

Miranda v. Arizona

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to consult with a lawyer and to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be obtained for you if you so desire.”

The Miranda Warning

Amendment 7Trial by Jury

• Guarantees jury trials to either party in a civil suit involving more than twenty dollars.

• Civil Suit- a dispute about individual rights and legal obligations.

Amendment 8 Bail and Punishment• Bail and Fines used as punishment

must fit the crime.• Punishments cannot be cruel or

unusual. For example, a shoplifter cannot be hung.

• Bail- a sum of money or property the accused person agrees to give up if he fails to return for trial.

• Used to challenge the constitutionality of the death penalty

Amendment 9Powers Reserved to the People• Clarifies that the

rights in the Bill of Rights are not the people’s only rights.

Amendment 10Powers Reserved to the States

• Clarifies the state’s relationship to the federal system.

• All powers not specifically give to the federal government or specifically forbidden to the states are guaranteed to the states or the people

REMEMBER

Your rights end where the next person’s begin.