Individual Rights and Due Process Overview

These flashcards cover key amendments, important Supreme Court cases related to due process and individual rights, and the balance between individual freedoms and community safety.

Due Process

Fair treatment through the normal legal system, ensuring individuals know the charges against them, have access to a lawyer, and receive a fair trial.

5th Amendment

Protects against self-incrimination and double jeopardy, ensuring due process.

6th Amendment

Guarantees the right to a speedy public trial, the right to a lawyer, and the right to know the charges.

7th Amendment

Provides for a jury trial in many civil cases involving disputes over money or property.

8th Amendment

Prohibits cruel and unusual punishment and limits on excessive bail and fines.

9th Amendment

States that people have other rights not specifically listed in the Constitution.

Tinker v. Des Moines

A case where students wore armbands to protest war; the court ruled that students have free speech at school as long as it is not disruptive.

Hazelwood v. Kuhlmeier

A case where a school removed articles from a student newspaper; the court ruled that schools can limit student speech in school-sponsored activities.

Miranda v. Arizona

A case where a suspect was questioned without being told his rights; the court ruled that police must inform arrested individuals of their rights (Miranda rights).

In re Gault

A case involving a juvenile sent to a detention home without a proper hearing; the court ruled that juveniles have many of the same due process rights as adults.

Individual Rights vs. Common Good

The concept that individual freedoms can sometimes conflict with community safety, leading to limits on rights when they seriously harm or endanger others.