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supreme court cases
mapp v. ohio (1961)
information:
police went into dollree mapp’s with a fake warrant
she was presumed to be affiliated with a bomber —> was arrested
amendment:
mapp felt it was a violation of her 4th amendment rights
the exclusionary rule
lower court:
voted against mapp
supreme court:
voted 6-3 for mapp (was a violation)
applies to everyone
*all evidence obtained illegally cannot be used in court —> exclusionary rule
gideon v. wainwright (1963)
information:
gideon arrested for breaking and entering (was poor)
he could not get an attorney
amendment:
he read in jail that he was supposed to get a lawyer but he didn’t, felt like a violation of his 6th amendment rights
right to an attorney
lower court:
voted against gideon
supreme court:
ruled unanimous for gideon (was a violation)
*all defendants receive public defenders if they cannot afford an attorney if they request for one
“necessities, not luxuries”
miranda v. arizona (1966)
information:
ernesto miranda committed rape
testified against himself (he didn’t know his rights)
amendment:
he didn’t know his rights and was a victim of self-incrimination, which he felt was a violation of his 5th amendment rights
due process —> self-incrimination
lower court:
voted against miranda (said that he should’ve known his rights)
supreme court:
ruled 5-4 for miranda (was a violation)
*people must be told their rights at the time of arrest
miranda rights: application of the 5th amendment
lemon v. kurtzman (1971)
information:
lemon was mad about his taxpayer funds are going to religious schools
(especially of those he did not support)
amendment:
sued because of the 1st amendment
establishment clause
lower court:
voted against lemon (money is being used for non-religious purposes)
supreme court:
ruled 8-1 for lemon (was a violation)
*tax money and government cannot fund private schools
lemon test
gregg v. georgia (1976)
information:
troy leon gregg murdered a couple hitchhiking
did not plan to murder but to rob (found guilty)
amendment:
gregg believe the death penalty was a violation of his 8th amendment rights
excessive punishment
lower court:
voted against gregg (for the state)
supreme court:
ruled 7-2 for the state (was NOT a violation)
*death penalty can be used as a punishment (if the court follows due process)
overturned furman v. georgia that abolished the death penalty for 4 years
in re gault (1967)
information:
gault (15) was taken into custody for a prank call
parents were not notified
amendment:
parents sued because they felt like the 5th amendment was violated
due process (how far it extended)
supreme court:
ruled 8-1 for gault (was a violation)
*due process rights and procedures must be followed on all levels of government, especially for minors
this also applies in schools
tinker v. des moines (1969)
information:
mary beth tinker and christopher eckhardt were suspended for wearing armbands
vietnam era: children wore black bands for peace
john tinker was suspend the next day
amendment:
parents sued as they felt it was a violation for the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for students
schools needed to prove it was a distraction (was a violation)
*schools can only limit if it is distracting to students and causes a disruption to learning
new jersey v. tlo (1985)
information:
tlo was caught smoking and her bag was searched without her consent
told that they cannot search her bag
amendment:
felt like a violation of her 4th amendment rights
exclusionary rule
lower court:
voted for tlo (warrant was needed)
supreme court:
ruled 6-3 for new jersey (was NOT a violation)
the search was reasonable
*the exclusionary rule is not applied in schools —> students can be searched with just reasonable SUSPICION
bethel v. fraser (1986)
information:
matt fraser was suspended for two days for reading a lewd speech (stuco speech for his bff jeff)
caused disruptions (students were laughing)
amendment:
he sued because he felt like it was a violation of the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for the school (was NOT a violation)
*schools can limit speech if it is lewd or vulgar
hazelwood boe v. kuhlmeier (1988)
information:
kuhlmeier wrote on birth, pregnancy, and divorce in the school newspaper (had lots of stigma against it at the time)
the principal, however, removed the articles
amendment:
sued the districts because she felt like of was a violation of the 1st amendment
freedom of speech and press
lower court:
voted for kuhlmeier (impacts the community as well)
supreme court:
ruled 5-3 for the school (was NOT a violation)
was a part of the school curriculum
*if students’ voice does not align with the school’s, it does not have to be allowed and can be restricted
thompson v. oklahoma (1988)
information:
william thompson convicted of 1st degree murder of charles keene (got sentenced the death penalty)
amendment:
felt like a violation of the 8th amendment (should not have to be sentenced at 15)
cruel and unjust punishment
lower court:
voted for the state
supreme court:
ruled 5-3 for thompson (was a violation)
revoked his death sentence
*those of 15 or younger cannot get the death penalty (too young)
board of education v. earls (2002)
information:
school initiated a drug testing policy (urine samples)
occurs if you are a part of after school and extracurricular activities
amendment:
felt like a violation of the 4th amendment
unreasonable search and seizures
lower court:
voted for earls (the school needed cause for doing so)
supreme court:
ruled 5-4 for the school (was NOT a violation)
*schools can continue to conduct suspicionless drug testing for those involved in any extracurriculars
morse v. frederick (2005)
information:
frederick posted a sign that said “bong hits 4 jesus”
was suspended for 10 days
amendment:
sued the principal as he felt she violated the 1st amendment
freedom of speech
lower court:
voted for frederick
supreme court:
ruled 5-4 for the school (was NOT a violation)
students cannot go against school values
*schools have the power to interfere in students’ speech of influencing drug use and anything that goes against school values
roper v. simmons (2005)
information:
simmons (17 —> already 18) commited murder of shirley crook by throwing her off a bridge
was caught and sentenced the death penalty
amendment:
felt like getting death was a violation o the 8th amendment
cruel and unusual punishment
lower court:
voted against simmons
supreme court:
ruled 5-4 for simmons (was a violation)
*those who were minors at the time of the crime cannot be given the death penalty
district of columbia v. heller (2008)
information:
heller wanted a gun for protection at home but cannot due to a ban on handguns
he is a police officer
amendment:
he felt like it was a violation of the 2nd amendment
lower court:
voted for heller (should have rights)
supreme court:
ruled 5-4 for heller (was a violation)
district court violated his rights
*the 2nd amendment applies to all individuals
states cannot ban the use of handguns, but can make strict laws and regulations like new jersey
supreme court cases
mapp v. ohio (1961)
information:
police went into dollree mapp’s with a fake warrant
she was presumed to be affiliated with a bomber —> was arrested
amendment:
mapp felt it was a violation of her 4th amendment rights
the exclusionary rule
lower court:
voted against mapp
supreme court:
voted 6-3 for mapp (was a violation)
applies to everyone
*all evidence obtained illegally cannot be used in court —> exclusionary rule
gideon v. wainwright (1963)
information:
gideon arrested for breaking and entering (was poor)
he could not get an attorney
amendment:
he read in jail that he was supposed to get a lawyer but he didn’t, felt like a violation of his 6th amendment rights
right to an attorney
lower court:
voted against gideon
supreme court:
ruled unanimous for gideon (was a violation)
*all defendants receive public defenders if they cannot afford an attorney if they request for one
“necessities, not luxuries”
miranda v. arizona (1966)
information:
ernesto miranda committed rape
testified against himself (he didn’t know his rights)
amendment:
he didn’t know his rights and was a victim of self-incrimination, which he felt was a violation of his 5th amendment rights
due process —> self-incrimination
lower court:
voted against miranda (said that he should’ve known his rights)
supreme court:
ruled 5-4 for miranda (was a violation)
*people must be told their rights at the time of arrest
miranda rights: application of the 5th amendment
lemon v. kurtzman (1971)
information:
lemon was mad about his taxpayer funds are going to religious schools
(especially of those he did not support)
amendment:
sued because of the 1st amendment
establishment clause
lower court:
voted against lemon (money is being used for non-religious purposes)
supreme court:
ruled 8-1 for lemon (was a violation)
*tax money and government cannot fund private schools
lemon test
gregg v. georgia (1976)
information:
troy leon gregg murdered a couple hitchhiking
did not plan to murder but to rob (found guilty)
amendment:
gregg believe the death penalty was a violation of his 8th amendment rights
excessive punishment
lower court:
voted against gregg (for the state)
supreme court:
ruled 7-2 for the state (was NOT a violation)
*death penalty can be used as a punishment (if the court follows due process)
overturned furman v. georgia that abolished the death penalty for 4 years
in re gault (1967)
information:
gault (15) was taken into custody for a prank call
parents were not notified
amendment:
parents sued because they felt like the 5th amendment was violated
due process (how far it extended)
supreme court:
ruled 8-1 for gault (was a violation)
*due process rights and procedures must be followed on all levels of government, especially for minors
this also applies in schools
tinker v. des moines (1969)
information:
mary beth tinker and christopher eckhardt were suspended for wearing armbands
vietnam era: children wore black bands for peace
john tinker was suspend the next day
amendment:
parents sued as they felt it was a violation for the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for students
schools needed to prove it was a distraction (was a violation)
*schools can only limit if it is distracting to students and causes a disruption to learning
new jersey v. tlo (1985)
information:
tlo was caught smoking and her bag was searched without her consent
told that they cannot search her bag
amendment:
felt like a violation of her 4th amendment rights
exclusionary rule
lower court:
voted for tlo (warrant was needed)
supreme court:
ruled 6-3 for new jersey (was NOT a violation)
the search was reasonable
*the exclusionary rule is not applied in schools —> students can be searched with just reasonable SUSPICION
bethel v. fraser (1986)
information:
matt fraser was suspended for two days for reading a lewd speech (stuco speech for his bff jeff)
caused disruptions (students were laughing)
amendment:
he sued because he felt like it was a violation of the 1st amendment
freedom of speech
lower court:
voted for the school
supreme court:
ruled 7-2 for the school (was NOT a violation)
*schools can limit speech if it is lewd or vulgar
hazelwood boe v. kuhlmeier (1988)
information:
kuhlmeier wrote on birth, pregnancy, and divorce in the school newspaper (had lots of stigma against it at the time)
the principal, however, removed the articles
amendment:
sued the districts because she felt like of was a violation of the 1st amendment
freedom of speech and press
lower court:
voted for kuhlmeier (impacts the community as well)
supreme court:
ruled 5-3 for the school (was NOT a violation)
was a part of the school curriculum
*if students’ voice does not align with the school’s, it does not have to be allowed and can be restricted
thompson v. oklahoma (1988)
information:
william thompson convicted of 1st degree murder of charles keene (got sentenced the death penalty)
amendment:
felt like a violation of the 8th amendment (should not have to be sentenced at 15)
cruel and unjust punishment
lower court:
voted for the state
supreme court:
ruled 5-3 for thompson (was a violation)
revoked his death sentence
*those of 15 or younger cannot get the death penalty (too young)
board of education v. earls (2002)
information:
school initiated a drug testing policy (urine samples)
occurs if you are a part of after school and extracurricular activities
amendment:
felt like a violation of the 4th amendment
unreasonable search and seizures
lower court:
voted for earls (the school needed cause for doing so)
supreme court:
ruled 5-4 for the school (was NOT a violation)
*schools can continue to conduct suspicionless drug testing for those involved in any extracurriculars
morse v. frederick (2005)
information:
frederick posted a sign that said “bong hits 4 jesus”
was suspended for 10 days
amendment:
sued the principal as he felt she violated the 1st amendment
freedom of speech
lower court:
voted for frederick
supreme court:
ruled 5-4 for the school (was NOT a violation)
students cannot go against school values
*schools have the power to interfere in students’ speech of influencing drug use and anything that goes against school values
roper v. simmons (2005)
information:
simmons (17 —> already 18) commited murder of shirley crook by throwing her off a bridge
was caught and sentenced the death penalty
amendment:
felt like getting death was a violation o the 8th amendment
cruel and unusual punishment
lower court:
voted against simmons
supreme court:
ruled 5-4 for simmons (was a violation)
*those who were minors at the time of the crime cannot be given the death penalty
district of columbia v. heller (2008)
information:
heller wanted a gun for protection at home but cannot due to a ban on handguns
he is a police officer
amendment:
he felt like it was a violation of the 2nd amendment
lower court:
voted for heller (should have rights)
supreme court:
ruled 5-4 for heller (was a violation)
district court violated his rights
*the 2nd amendment applies to all individuals
states cannot ban the use of handguns, but can make strict laws and regulations like new jersey