Other Bill of Rights Protections Ch. 4, Les. 2

Rights of the Accused  The First Amendment protects five basic freedoms  Equally important is the right to a fair trial  Amendments IV, V, VI, and VIII protect the rights of the accused- someone officially accused of a crime

Fourth Amendment  Protects us against “unreasonable searches and seizures” meaning that no officer of the government can search a person’s property or take his or her possessions at will.  The officer must have probable cause- a strong reason to think that a person or property was involved in a crime  In order to search or seize, the officer must ask a judge for approval in the form of a search warrant- a court order allowing police to search property and seize evidence.  Judges must be convinced that a search is likely to yield evidence

Fifth Amendment  No one can be tried for a serious crime without an indictment- a document issued by a grand jury to charge someone with a crime. This doesn’t mean the person is guilty, but that the person might be and there will be a trial to decide that question.  Prevents double jeopardy- putting someone on trial for a crime of which he or she was previously found innocent.  Protects an accused person’s right to remain silent which protects them against self- incrimination- giving evidence about yourself that could lead to you being found guilty of a crime

Fifth Amendment continued…  States that no one may be denied life, liberty, or property “without due process of law.” Due process- following established legal procedures.  Protects property right by limiting the government’s power of eminent domain- the right of the government to take private property, usually land, for public use.  Ex. If your home lies in the path of a proposed highway, it may be taken legally and destroyed. The fifth amendment requires the government to pay a fair price for the property.

Sixth Amendment  Requires that people be clearly told what the charges are against them  Requires that the accused be allowed a trial by jury  Requires that the trial be speedy and held in public  Requires that the jurors be fair  If possible, trial should be held in community where crime took place  Accused is allowed to hear and question all witnesses  Accused has the right to a lawyer. If he/she cannot afford one, the government must pay for one.

Eighth Amendment  Until a trial takes place, the accused has the right to remain free by way of paying bail  A judge decides how much bail a person must pay, but the eighth amendment forbids excessive bail.  Prevents a punishment that is too harsh, or does not fit the crime  Forbids “cruel and unusual” punishment  Types and severity of punishment accepted by society has changed over time

Additional Protections  When they were creating the Constitution and Bill of Rights, they had the events that led to the American Revolution in mind.  They felt that certain actions taken by the British government were abuses of power and wanted to prevent an American government from taking such actions.

Second Amendment  “A well-regulated militia being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”  Courts have ruled that the government can pass laws regulating gun ownership. For example, the government decides who can get a license.  In District of Columbia vs. Heller (2008), the Supreme Court ruled that “The Second Amendment guarantees an individual's right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Taken away

Third Amendment  In the years leading up to the American Revolution, the British government required colonists to shelter British soldiers in their own homes and feed them.  This was called “quartering” soldiers  The third amendment bans this during peacetime

Seventh Amendment  Concerns civil cases, which are lawsuits that arise when people’s rights are in conflict  Guarantees a jury trial in disputes about property worth more than $20 (nowadays that’s everything)  Separates the role of a judge and jury. Judge solves issues of law. Jury listens to the facts and reaches a verdict.

Ninth Amendment  States that all other rights not spelled out in the Constitution are retained by the people  Prevents the government from claiming that the only rights people have are the ones listed in the Bill of Rights  Makes it clear that citizens have other rights beyond those listed in the Constitution, and they may not be taken away

Tenth Amendment  Recognizes that the power of the federal government is limited  States that any powers the Constitution does not give to the federal government belong to the states or the people  Intended to protect Congress and the President from becoming too strong

 How is a search warrant related to probable cause?  How does due process limit eminent domain?  Is the death penalty “cruel and unusual” punishment? Take a position and write down your thoughts.  Which two principles of government do we see in the 10 th Amendment?  What is the difference between criminal and civil cases?