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Amendments
| Question | Answer |
|---|---|
| What are the amendment numbers in Roman Numerals? | I, II, III, V, VI, VII, VIII, IX, X |
| What is the difference between Probable Cause and Reasonable Suspicion? | Probable cause is when you have a good reason for wanting to charge someone or put them in jail. With Reasonable suspicion, if based off of facts, but you don't really know if the person did it or not. It's not as trustable compared to Probable cause. |
| How are the amendments represented? | Roman Numerals |
| How many amendments are there? | 27 |
| What is the Bill of Rights? | A statement of fundamental freedoms, rights and privileges for U.S. citizens - - Limits the power of the Federal Government - Protects Natural Rights - those not given by government. |
| What is Freedom of Religion? | Clause # 1 - Gov’t cannot make an official religion of the country Clause # 2 - People are permitted to practice any religion they choose, or not to. |
| What is Freedom of the Press? | Prior Restraint- The gov’t cannot prevent material from being published (censorship) |
| What is Freedom of Assembly? | 1. You have the right to gather and protest the gov’t 2. Restrictions 1. Gov’t can regulate time and place (rush hour, etc) |
| What is Freedom of Petition? | 1. Allows for participation in government. 2. You have the right engage your government through letters, calls, lawsuits, etc. |
| What is Freedom of Speech? | People have the right to say what they please |
| What are the restrictions for speech? | Restrictions 1. Clear and present danger “falsely yelling fire in a crowded theater” 2. Fighting words- Words that could result in a fight 3. Slander/Libel Ruin a reputation or False 4. Obscenity- no social, artistic, educational value 5. Time, Plac |
| What is Amendment II? | the right of the people to keep and bear Arms |
| Why do we have Amendment II? | Included in the Bill of Rights for several purposes: - Protect the colonies from outside invasion - Most controversially, to enable citizens to resist a tyrannical government |
| What is Amendment III? | People do not have to house soldiers when there is no war going on. |
| What is Amendment IV? | Protection from unreasonable searches seizure |
| What is Probable Cause? | Probable Cause - there is enough reliable information to a reasonable person to suspect that a person committed a crime. Reasonable Suspicion- less than probable cause, there are a few facts that might lead someone to believe a crime was committed. |
| Warrant vs Warrantless Searches? | Warrant-document issued by a judge that allows for a search. -Must be specific about what they are looking for and where they are looking Warrantless Searches- Observed-police see the crime Plain View-view of the police Arrest-no warrant |
| What is Amendment V? | rights of the accused |
| What is included into Amendment V? | -Cannot be tried for same crime 2 times -Does not have to serve as a witness in the trial the government cannot take away someone's life, freedom, or property without fair process -They can’t have their property taken away for public use without paying |
| What also is included in Amendment V? | Due Process-The official and fair way of being handled by the government Double Jeopardy-cannot be charged with the same crime twice Right to avoid Self-Incrimination -You do not have to testify if you might incriminate yourself Eminent Domain- Gov’t m |
| What is a civil trial? | A person sues another person |
| What is a Criminal trial? | breaking a law |
| what is a prosecution? | the gov’t attorney charging and trying the case against a person accused of a crime |
| What is a defense? | the person accused of a crime |
| What is a plaintiff | the person who sues the other in a Civil case |
| What is Amendment Vi? | Right to a Public Trial |
| Criminal trials | In a criminal trial, the accused has the right to… -A speedy, public trial -An unbiased jury -Must have a lawyer -Know the charges against you and be able to call witnesses |
| Purposes of criminal law | Punishment - Pay for the crime; eye for eye; revenge Stealing Murder Prevention - Stop something from happening again; discourage criminal redoing crime Incapacitation - Jail Separating them from society Rehabilitation - Make a person better |
| What is Amendment VII? | civil suits |
| civil trials | In a civil trial… -Right to sue people or businesses -Simple majority (51%) needed to convict in civil trials -Punishment = fines or prison time (never death penalty) |
| What is Amendment VIII? | protection from punishment |
| Amendment VIII | -No excessive bail -No excessive fines -No cruel and unusual punishment -No torture as a punishment -Some forms of capital punishment are unconstitutional -Capital Punishment= death penalty “Let the punishment fit the crime” |
| What is Amendment IX? | rights of the people |
| Amendment IX | The Founding Fathers knew that they couldn’t list all rights This amendment is intended to protect rights not listed in the Constitution, ideas Innocent until proven guilty The right to a fair trial The right to vote The right to travel |
| What is Amendment X? | rights to the states |
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alyssarainey
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