Studied by 23 people
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
Note 
Flashcard (24)