Criminal Procedure for the Criminal Justice Profession

Grand Jury

a group of citizens who decide whether there is enough evidence to formally charge someone with a serious crime.

1st Amendment

Freedom of speech

Respecting an establishment of religien, or prohibiting the free exercise thereof; or.

Establishment clause

We do not have a national faith.

Free exercise clause

Provides that no law is constitutional if it “prohibits the free exercise” of religion.

You can practice your religion so long as those practices do not conflict with otherwise

Valid Laws.

Free Speech includes

symbolic speech.

Governmental entities are entitled to regulate the

time, place, and manner of speech.

time, Place, and Management

• Regulation furthers an important or substantial govt. interest.

• Govt. interest served by regulation is unrelated to suppression of speech.

• They have to have an alternative means for people to communicate their message.

• means the government can put reasonable limits on when, where, and how people exercise their freedom of speech.

They types of speech that can be limited

Obscenity, fighting words, Defamation (libel/ slander).

Obscenity

It lacks

1. literary

2. Artistic

3. Political

4. Scientific value

Fighting words

The words which by their very utterance tend to incite an immediate breach of peace. (cause violence)