The Bill of Rights is a document that was added to the Constitution to protect Americans’ liberties. It contains the ten amendments.

Definitions:

1. Freedom of Petition → to request the government for redress of grievances (to correct wrongs)

2. Freedom of Assembly → to get together in one place

3. Freedom of Press → The media can report information without government interference. 

4. “Taking the 5th” → to exercise their right to remain silent if accused of a crime

5. Precedent → An earlier course of events that is taken into account when making another ruling similar to the case. (Ex. Gideon v. Wainwright and Betts v. Brady)

6. Respondent → A person(s) who is facing a lawsuit or trial in court. They respond to the claims made by the petitioner. 

7. Petitioner → A lower court decision is reviewed by the Supreme Court at the request of an individual or group. They gather evidence and reason to prove why the other side (respondent) should be considered guilty. 

8. Rebuttal → When someone responds to the statement made by the other side. One could introduce examples to protect their side’s thoughts on the issue/case.

9. Dissent → When a judge disagrees with the others. This allows a variety of opinions to enter the room creating a different perspective. 

10. Moot Court → A mock simulation where law students argue practice cases. It involves fictional cases that are still based on the laws. 

11. Appellant → A request from a person who disagrees with the final verdict by the lower courts. As a result, this person appeals to a higher court hoping for a different judgment.

Amendments ↴

A list of basic freedoms of the people that the U. S. Government must protect. 

• Amendment 1

  • Prohibits government establishment of religion (separate right)

  • Protects the free exercise of religion and freedom of expression (speech, assembly, and press). 

  • Free Exercise Clause: The government may not stop you from practicing your religious beliefs 

  • Establishment Clause: Congress may not establish, that is institute, an official religion for our country 

  • The time, location, and manner of one speech conveys if it's protected or not

• Amendment 2

  • Protects the right to bear (to own and carry) arms

  • Militia - An army or some other fighting organization of non-professionals and/or part-time soldiers; citizens of a country who may perform military service during a time of need, as opposed to a professional force 

• Amendment 4

  • Protects against unreasonable searches and seizures (The “right to privacy”)

  • A warrant for search can be used only “upon probable cause” (The police/government must have a reason to search one's property with a warrant) 

• Amendment 5

The right, if accused of a crime…

• To be accused formally by a grand jury

• Not to be tried twice for the same crime, a practice known as double jeopardy 

• Not to be forced to give evidence against oneself (self-incrimination)

• To receive a fair trial and protection by all proper legal procedures, a guarantee known as due process

• To receive fair compensation if the government takes private property for public purposes is known as eminent domain 

• Amendment 6

 The right, if accused of a crime…

• To receive a “speedy and public trial” with an “impartial jury” (unbiased decision)

• To have the prosecution witnesses (against the accused)

• To have the services of a defensive lawyer

• Amendment 8 

  • Prohibits excessive bail and fines and cruel and unusual punishment

• Amendment 9 

  • Protection of other rights not listed in the Constitution

• Amendment 10

  • Guarantees that the people or the states have all powers not given to the national government are denied to the states

Cases ↴

• Mapp. v. Ohio (1961) - 4th Amendment

  • Police suspected Mapp for hiding a suspected bomber

  • They forcefully entered his house with a fake warrant

  • They searched her house and found gambling material and obscene materials

Mapp won 6:3 since the police had no warrant (which violates the 4th amendment). Evidence found without a warrant cannot be used in court (Exclusionary Rule).

• In re Gault v. United States (1967) - 6th Amendment

  • A minor made a prank phone call to his neighbor

  • Police arrested him without the consent of his parents

  • The punishment was unusual as he was forced to go to juvenile detention for six years 

In re Gault won 8:1 since he was a minor and didn’t have the bailout to defend himself without a lawyer and the consent of his parents. This case proves that a minor’s right to due process.

• Miranda v. Arizona (1966) - 5th and 6th Amendment

  • Miranda was accused of rape, kidnapping, and robbery but was not told his rights before his hearing

Miranda won 5:4 since the defendant had to be aware of the 5th and 6th Amendments, leading to the “Miranda Rights,” which allows offenders to know their rights before appearing in court

• NJ v. T.L.O. (1985) - 4th Amendment

  • Two students were caught smoking cigarettes in the bathroom by a teacher.

  • T.L.O, one of the students, denied these accusations while the other admitted to it. 

  • They found a pack of cigarettes, a wad of cash, rolling paper, marijuana, drug paraphernalia, a pipe, and a piece of paper that showed other students owing money to T.L.O. 

  • The principal suspected the student of marijuana use. 

NJ won 6:3 because the school only needs a reasonable suspicion to look through one’s belongings

• Safford Unified School District v. Redding (2009)  - 4th Amendment

  • An 8th-grade student was believed to have prescription ibuprofen at school and she may have been distributing it to other students. 

  • She was brought to the nurses’ office where she was asked to take off her outer clothes to find the drug (strip search). 

Redding one 8:1 as a strip search by school officials is considered excessive.

• Vernonia School District v. Acton (1995 - 4th Amendment

  • There was a drug problem in student-athletes, so they were forced to do random drug testing

  • A student was not allowed in the sports programs when his parents and he denied the drug testing

The School district won 6:3 as the school is the parental figure when school is in session just like how vaccinations are mandatory for the safety of the students

• Atkins v. Virginia (2002) - 8th Amendment

  • Atkins was guilty of abduction, armed robbery, and capital murder and sentenced to death.

  • His IQ was significantly lower compared to the average and was considered mentally disabled

Atkins won the case 6:3 as it would have been considered cruel to excuse one who hasn’t had the proper education. This led to the execution of the mentally disabled being unconstitutional. 

• Roper v. Simmons (2005) - 8th Amendment

  • A 17-year-old along with two of his friends attempted a burglary and murder

  • The murder involved a girl who was thrown off a bridge = he was sentenced to death

Roper won 5:4 as the death penalty for a minor is considered unconstitutional. 

• Gideon v. Wainwright (1963) - 6th Amendment

  • There was a break-in, and a witness claimed Gideon was the cupric

  • Gideon requested an attorney for his trial because he was poor

  • He was denied since according to Florida Law, only capital cases could be given one

  • He was found guilty and sent to prison but rewrote to the Supreme Court

Gideon won 9:0 as everyone has the right to an attorney. If they don’t have the money to have one, the state must provide them with one 

• Chaplinsky v. New Hampshire - 1st Amendment

  • A man was handing out religious pamphlets that created an aggressive discussion in the middle of the street

  • A police officer came to dismiss the conversation, but the man said some violent speech

Freedom of speech has some exceptions especially when “fighting words”

• Morse v. Frederick - 1st Amendment

  • A high school held up a sign that stated “Bong hits 4 Jesus” during a school event

  • He was suspended

Promoting drug use should not be done even outside of school hours

• Tinker v. Des Moines - 1st Amendment

  • A group of students planned a protest against the Vietnam War by wearing black armbands

  • The students got suspended

Students have the freedom of speech in this case as they were only silently expressing their ideas without disrupting the educational environment

• National Socialist Party (Nazi v. Village of Skokie - 1st Amendment

• Bethel v. Fraser - 1st Amendment

  • A student gave an obscene speech for his friend who was running for student 

The school has the right to deny speech relating to obscene content as that may disturb an educational environment.

• Hazelwood v. Kuhlmeier - 1st Amendment

Not reasonable information to be allowed in school

• Lemon v. Kurtzman - 1st Amendment

  • PA law includes funding for teachers’ salaries and instructional material to non-public schools

  • Rhode Island law includes additional salaries for teachers in non-public schools

Public funds to religious schools should not be done 

• District of Columbia. v. Heller - 2nd Amendment

  • A police officer applied to own a handgun for protection

  • DC denied it because they banned all handguns

One can own a gun without military experience for protection

• Furman v. Georgia - 8th Amendment

  • One found a culprit robbing a house

  • As the culprit was trying to escape, he tripped and his gun went off accidentally shooting the homeowner

  • He was sentenced to death

The death penalty was declared unconstitutional partly due to racial bias

• Gregg v. Georgia - 8th Amendment

  • One robbed and murdered two men

  • He was sentenced to the death penalty

The death penalty is legal as long as certain criteria are met

Terry Stops ↴

• In the Terry v. Ohio case in 1968, the Supreme Court decided that it is legal for the police to do a pat-down search of a suspicious person on the street

• The stated purpose of a Terry Stop is the safety of the officer and those around the suspect

• To perform a Terry Stop on the street, the police need reasonable articulable suspicion

• During a Terry Stop, a police officer is allowed to pat down outer clothing

• One can only look inside a person's bag with probable cause and if the owner gives consent, but in most situations, they cannot
  

Miranda Rights ↴

Death Penalty ↴