AP Government Unit 5 test

Overall Purpose of the Bill of Rights

States rights that citizens of the US hold

Positive Rights

Require government to act in specifies ways

Example of Positive Rights

Rights of individuals to receive certain services of the government

Negative rights

Restrict government action

Example if Negative rights

1st amendment- "Congress shall make no law...."

Selective incorporation

Applying the bill of rights to the states

Double Jeopardy

Can't be convicted of the same crime if found innocent (but can be charged in both state and national government)

1st clause of freedom of religion

Establishment Clause

Establishment Clause

Government can't establish a national religion

2nd clause of Freedom of Religion

Free Exercise Clause

Free Exercise Clause

People have the freedom to believe and practice religious beliefs

Broad Interpretation

Prevents government from providing ANY aid to religion

Example of Broad Interpretation

No tax money can go towards ANY religious group

Narrow Interpretation

Government is prohibited from giving one religious group preferential treatment

Example of Narrow Interpretation

Government can support religion as long as they do so impartially

Literal Interpretation

Prohibits only the establishment of an official government religion

Example of Literal Interpretation

Government can participate in religious practices

First amendment protects people right to

Form their own opinion

Right to Petition

Allows citizens to urge their government to correct wrongs and I justices or to take some other action

Right to associate

Freedom to meet with others

Examples of associations

Political groups, church groups, social clubs

Defamation

Prohibits slander/libel (false malicious statements which injures ones reputation)

Incitement to Crime

Prohibit people from urging others to take immediate action which is against the law

Revealing Government Trade Secrets

Prohibit people from giving military secrets to an enemy

False Advertising

Prohibit companies from making false statements about products they sell

Obscenity

Prohibit speech that is deeply offensive in light of contemporary community standards

Time, Place, Manner

Prohibit speech at certain time, place, or manner

Clear and Present Danger

Prohibit speech that poses clear and Present Danger

When can freedom of speech be limited

Defamation, Incitement to Crime, Revealing Government of Trade Secrets, False Advertising, Obscenity, Time/Place/Manner, Clear and Present Danger

Probable Cause

Enough evidence for a reasonable person to believe that illegal activity was committed

Warrant

An order by a judge authorizing a police officer to make an arrest or search or perform some other designated act

Process of getting a Warrant

Submit an affidavit, describe facts and circumstances to persuade the judge that probable cause exists

When is a warrant not required

Schools, random drug testing, search's of homes of those who are on probation, emergency circumstances

Exclusionary rule

Exclude evidence in criminal trials if found without warrant

Purpose of Exclusionary Rule

Encourage Ms law enforcement to follow the rules

Indictment

Formal statement of charges so that defendant knows how to address, limits range of evidence presented at trial

Bail

Sum of money that a court requires a defendant to deposit with the court, no excessive bail

Counsel

Having a lawyer present during police interrogation, preparing for trial, and during trial, must provide if too poor

Speedy, Public Trial

Prevents holding defendant in jail for a long time without a trial, diminishes possibility of evidence will disappear

Right to counsel

Having a lawyer at trial

Compulsory Process and Confrontation

Requires accusers to appear in court and be questioned by the defense

Trial by impartial jury in the

State and district where the crime was committed, trust an average community members to hear evidence

No excessive fines

Find a reasonable in relation to crime

Right after trial

No cruel/usual punishment

Right to appeal convinctions

Right to appeal to a higher Court

First amendment

Freedom of speech, religion, press, assembly, and petition

Second amendment

Right to bear arms

Third amendment

Quartering of soldiers

Fourth amendment

Arrests and searches

Fifth amendment

Rights if persons Accused of crimes

Sixth amendment

Right of persons on trial for crimes

Seventh amendment

Jerry trials and civil cases

8th amendment

Limitations on bail and punishments

Ninth amendment

Rights kept by the people

10th amendment

Powers kept by the states or the people

Miranda Rule

Right to remain silent, right to an attorney when being questioned, anything said maybe used against them in court, if they can't afford an attorney one will be appointed for them

What happens if police don't inform suspects of the Miranda Rights

Defendant makes incriminating statements, they are generally excluded at trial

Self incrimination

A criminal defendant can't be forced to take the stand to testify at trial

Engle v Vitale

Prayer in public schools violated the establishment clause

Wisconsin v Yoder

Requiring Amish children to go to school till 16 violates free Exercise Clause

Shenck v US

Padded out flyers about the draft pissed Clear and Present Danger, not protected speech

Tinker v Des Moines

Vietnam era armband, tinkers win, free expression rights, speech can't create substantial disruption

New jersey v TLO

Found girl smoking in restroom, search purse, find MJ, reasonable suspicion, lost

Mapp v. Ohio

Found evidence without warrant, applied exclusionary rule to the states

Example of Conflict between maintaining order and personal liberties in criminal justice

Someone who is guilty of a crime might walk free

Reasonable Suspicion

Seems reasonable that the person is going to do something bad, used when searching without warrant