Religious beliefs are protected, but not all practices
79
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1st amendment: types of persons
Public officials, public persons, private persons
80
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1st amendment: types of forums
Public forums (sidewalks, parks), limited public forums, nonpublic forums
81
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2nd amendment
Right to bear arms
82
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3rd amendment
A man’s home is his castle
No one has to house troops without consent during peacetime
83
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4th amendment: exclusionary rule
Prevents the government from using most evidence gathered in violation of the United States Constitution
Mapp v Ohio
84
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4th amendment: exigent circumstance
Excuses compliance with the Fourth Amendment warrant clause in four general circumstances
85
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4th amendment: probable cause
To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.
86
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4th amendment: reasonable suspicion
The search must be based on a reasonable, individualized suspicion based on articulable facts
87
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5th amendment: grand jury/indictment
The right to indictment by the grand jury before any criminal charges for felonious crimes
88
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5th amendment: double jeopardy
Prohibition on double jeopardy
89
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5th amendment: self-incrimination
Right against forced self-incrimination
90
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5th amendment: miranda warning
The suspect must be advised of the right to remain silent, the right to have an attorney present during questioning, and the right to have an attorney appointed if the suspect cannot afford one
91
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5th amendment: substantive due process
No one shall be “deprived of life, liberty, or property without due process of law”
92
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5th amendment: procedural due process
The requirement that the government cannot deprive a person of their freedom or property without going through the court system
93
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5th amendment: eminent domain
“Nor shall private property be taken for public use, without just compensation"
94
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6th amendment: petit jury
The selection of a petit jury from a representative cross section of the community is an essential component of the Sixth Amendment right to a jury trial
95
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6th amendment: change of venue
Courts grant a defendant's change of venue motion when media-generated pretrial publicity invades the unbiased sensibility of those who are asked to sit in judgment
96
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6th amendment: arraignment
When a person is accused of a crime by the government, he must be notified of the specific charges against him
97
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6th amendment: subpoena
Guarantees the right of the accused “to have compulsory process for obtaining witnesses in his favor”
98
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6th amendment: counsel
Gives defendants the right to counsel in federal prosecutions
99
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8th amendment: bail
No excessive bail
100
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8th amendment: fines/punishment
No excessive fines or cruel and unusual punishment