Chapter 14.3 -Citizenship and Equal Justice Section 3 - The Rights of the Accused
What protections does the 4th amendment provide for individuals rights regarding wire tapping?
Wiretapping limits the government or the people and increases an individuals rights by requiring a search warrant to wire tap.
Explain that rights have limits and are not absolute. Give Examples of how speech is limited.
categories of unprotected constitutional speech are; intent to create lawlessness, slander, false commercial advertising, child pornography, and fighting words.
counsel
legal representation usually another name for lawyers
Due process
means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
What is amendment 5 and how does it safeguard and limit individual rights?
the Court held that evidence obtained in violation of a defendant's rights can be used at trial The prosecutor, however, must show that the evidence would have eventually been discovered by legal means.
double jeopardy
the act of bringing a person to trial a second time for the same crime.
What protections does the 5th amendment provide for individuals rights regarding criminal cases?
the government bears the burden of proof,The right to remain silent, limiting the force by governmental officials during interrogations,Grand jury investigation for those accused of serious crimes, Double jeopardy means a person may not be tried twice for the same crime, thus protecting people from continual harassment.
self-incrimination
to be a witness against himself
exclusionary rule
asking whether criminals should go free simply because the police made a mistake in collecting evidence.
CRIMINAL: What is the 5th amendment?
Protects citizen from self incrimination The right to remain silent. grand jury investigation. It also forbids double jeopardy — the act of bringing a person to trial a second time for the same crime.he Fifth Amendment also protects defendants against confessions extorted by force or violence.
How does the 4th amendment affect searches and seizures in high schools?
The 4th amendment limits the individuals rights by allowing school officials the right to search and seize a students property without probable cause.
What protections does the 6th amendment provide for individuals rights regarding criminal cases?
The 6th amendment assures Due process of law and that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime. Denial of counsel would mean that the average person would not know if the laws were being carried out fairly or equally.
CRIMINAL: What is the 8th Amendment?
The Eighth Amendment forbids "cruel and unusual punishments," the only constitutional provision specifically limiting penalties in criminal cases. ò
CRIMINAL: What is the 6th amendment?
The Sixth Amendment guarantees a defendant the right "to have the assistance of counsel for his defense."
Contrast how the Constitution safeguards and limits individual rights. CRIMINAL: What is the 4th amendment?
The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property.
Evaluate, take, and defend positions about rights, protected by the Constitution and Bill of Rights
To deal with these challenges, the Founders built into the Constitution and the Bill of Rights a system of justice designed to guard the rights of the accused as well as the rights of society. ò Laws were to be strictly interpreted, trial procedures fair and impartial, and punishments reasonable.
What is amendment 4 and how does it safeguard and limit individual rights?
To protect the innocent, the Fourth Amendment guarantees "the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."
