A precedent is a legally made decision that sets an example for future cases to prevent recurrence.
Appeal courts review decisions made by lower courts to ensure constitutional correctness or to determine if a review is necessary.
Due process rights ensure fair treatment within the judicial system; Gideon v. Wainwright is a relevant case. These rights are protected by the 5th Amendment.
The 5th Amendment includes:
No self-incrimination
No double jeopardy
Right to a grand jury
Eminent domain
Due process
These rights are read to suspects, including the right to remain silent and the right to an attorney.
Background: Miranda v. Arizona (1966) is a landmark U.S. Supreme Court case that established the Miranda rights, protecting a suspect’s Fifth Amendment right against self-incrimination during police interrogations.
Question: Does the Fifth Amendment’s protection against self-incrimination extend to police interrogation of a suspect?
Decision: The court decided 5-4 in favor of Miranda, establishing that suspects must be warned of their rights.
Precedent: Everyone must be read their rights during arrest.
Freedom of speech is the right to express ideas and opinions freely.
Illegally obtained evidence is inadmissible in court, as protected by the Fourth Amendment.
Background: A high school principal deleted two pages from the school paper concerning “school pregnancy” and “divorce.” He deemed them inappropriate for 9th graders. The divorce article was one-sided, and the pregnancy article, though anonymized, risked identifying the students.
Question: Did the principal violate the student's rights to freedom of the press?
Decision: The court decided 5-3 in favor of the school district, affirming the principal's right to control school newspapers if content is of concern to others.
Precedent: Schools can control school newspapers if they are a concern to others.
Background: Matthew Fraser was suspended for a lewd speech at a school assembly where he said, “I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- but most… of all, his belief in you, the students of Bethel, is firm”. The school discipline him due to his speechas it was considered inappropriate and disruptive, leading to a legal battle over student free speech rights, between the school and Fraser's right to express himself.
Question: Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly?
Decision: The court decided 7-2 in favor of the Bethel school district, allowing the disciplinary actions .
Precedent: School officials can discipline students for inappropriate language.
Case Name: T.L.O v. N.J.
Date: 1980
Background: A teacher found two girls smoking in a bathroom, which was prohibited. T.L.O. denied smoking, but the other girl admitted it. The principal searched T.L.O.’s purse and found cigarettes, rolling papers, marijuana, a pipe, plastic bags, money, and a list of students who owed T.L.O. money, inferring she was selling marijuana.
Question: Does the Fourth Amendment against unreasonable searches and seizures apply to kids in public schools?
Decision: The court decided 6-3 in favor of the school, allowing the search.
Precedent: Schools can search students' bags without a warrant.
Case/Date: Tinker V. Des Moines
Background: Students wore armbands to protest the Vietnam War. The school suspended them.
Question: Does the constitutional right of free speech protect the symbolic speech of public school students?
Decision: The court decided 7-2 for the Tinkers, protecting their symbolic speech.
Precedent: Students have free speech rights unless it is shown to be harmful.
Case/Date: Mapp v. Ohio, 1961
Background: Police searched Mapp’s house without a valid warrant and found obscene images, leading to her arrest.
Question: Were the confiscated materials protected from seizure by the Fourth Amendment?
Decision: The court decided 5-3 in favor of Mapp.
Precedent: Evidence seized unlawfully cannot be used in a criminal prosecution.
The Establishment Clause prohibits the government from establishing a state religion.
The current number of Supreme Court Justices is 9.
Plessy v. Ferguson established the 'separate but equal' doctrine. Allowed racial segregation as long as facilities were deemed equal.
Brown v. Board of Education overturned Plessy, declaring that separate educational facilities are inherently unequal, leading to school desegregation.
Date: 1993-2005
Background: Christopher Simmons, 17, committed a brutal murder and bragged he could get away with it because he was a minor. He was initially sentenced to death.
Question: Does the execution of minors violate the prohibition against