Rights of The Accused + Bill of Rights

1st amendment

Right to free speech, protest, and religion

1st amendment exceptions j

Clear and present danger

Create false panic intentionally

Bad Tendency Doctrine

Can’t convince people to commit crimes or endanger society via speech

Obscenities

Speech expressing curses and nudity

(Where and who you’re audience is matters!!)

Schools

Students have rights in schools except for when it disrupts learning

Defamation

Speech that is FALSE that damages a person’s character or reputation

Printed/Written

Loophole: So false that it's unbelievable.

No forced patriotism

The gov cannot force people to stand for the pledge, national anthem or to respect the flag.

Hate Speech

Any form of speech/expression vilifying or humiliates a person or gov. on the basis of certain characteristics

2nd Ammendment

The people’s right to bear arms shall not be broken

3rd amendment

No soldier can be quartered in any house without consent during peace or war

4th amendment

The right of people’s privacy over themselves, their property and possessions cannot be violated

Warrants need probable cause, issued by a judge, and specific

4th amendment exceptions

Consent

The police can search anyone who consents

Obvious places or circumstances - government

airport

court houses

jail

border

open sea searches

Search incident to a lawful arrest

Allows police to search an immediately arrested person and the area immediately around them

plain view

An illegal object or evidence of a crime that an officer sees from his position can be seized

(they cannot move objects)

Vehicle searches

Police can search a vehicle when they have probable cause to believe contraband is hidden in the vehicle

Emergency Situation

The police can conduct a search without a warrant if in emergency

harm, 911 calls, preventing escape, destruction of evidence

Hot Pursuit

Police chasing a suspect don’t need a warrant to search them or for them

Schools

Schools only need probable cause

Lenient bc dealing with kids

5th amendment

Right to remain silent

Protect against self-incrimination

Indictment by grandjury - only for felonies

Can’t be tried twice for the same crime if found innocent

Can’t take away life liberty or property without due process

The gov cant take away property without compensation

What is due process?

Legal requirement the the government must respect all legal right that are owed to a person (fair trial)

innocent until proven guilty

6th amendment

Right to:

Speedy and fair trial

Right to public trial or record of

Unbiased jury

Be told of charges against you

Confront witnesses

Lawyer

8th amendment

No excessive fine/bail

Adjusted to crime / financial status

No cruel or unusual punishment

14th amendment

Guarantees equal protection of all other amendments and freedoms under the law

Rights of all citizens to due process of law

Reinforces 5th amendment

Umbrella for 5th, 6th and 8th amendment

Amendment main ideas

1 - Free speech

2 - Bear arms

3 - Bans Quartering act

4 - Warrants

5 - Right of a person in court

6 - Miranda Rights

8 - Cruel and Unusual Punishment

14 - Due process