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The American Legal System

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Presentation on theme: "The American Legal System"— Presentation transcript:

1 The American Legal System
ESSENTIAL QUESTION How do laws protect individual rights?

2 Anticipatory Acitivity
1: Read the brief explanation of each Supreme Court Case. 2: Fill in how the outcome affects you …

3 Research Assignment Instructions on Supreme Court Cases
Go to and/or to research and find information about your assigned Supreme Court case. Use the following handout, titled Guided Inquiry Questions, to fill in basic information about your case. This completed handout will be part of your grade and will also help you in your presentation and in the next step Next, gather research, using text as well as pictures, symbols, etc. to do the following: Tell the facts of the case (what happened, what the case is about) State the Constitutional issue (connect the case to the Constitution) and explain its significance State the court’s decision Give the rationale (why the court decided the way it did) Complete your research and remember you want a healthy balance of informational text and images. It is important that the class understands the case without much prior knowledge of the case. You may want to start with a quote and expand from there. Be creative and original. Be prepared with your group to present in front of the class. DUE NEXT CLASS!!!!!

4 Protections Against Unlawful Imprisonment
writ of habeas corpus - a court order that requires police to bring a prisoner to court to explain why the person is being held bill of attainder-a law that punishes a person accused of a crime without a trial or a fair hearing in court -Article 1 forbids this ex post facto law - a law that would allow a person to be punished for an action that was not against the law when it was committed

5 The Rights of the Accused
What legal protections does the U.S. Constitution offer a citizen who is accused of a crime? The Constitution makes sure that people accused of crimes receive fair treatment. must also have every chance to defend themselves. The rights it grants are based upon the presumption of innocence. A person is believed to be innocent until proven guilty in a court of law.

6 Administration of Justice
14th Amendment - granted civil rights to formerly enslaved people. This amendment requires the states to treat all people equally under the law. 14th Amendment also strengthens the 5th Amendment right of due process.  Due process means that the government may not take our lives, liberty, or property without following legal procedure. 

7 Fourth Amendment Rights
The Fourth Amendment protects citizens against “unreasonable searches and seizures.” search warrant - a court order allowing law-enforcement officers to search a suspect's home or business and take specific items as evidence exclusionary rule - rule that evidence gained by police in a way that violates the Fourth Amendment may not be used in a trial

8 Fifth Amendment Rights
The Fifth Amendment states that no person can be forced “to be a witness against himself” in a criminal case. It protects individuals against self-incrimination. Miranda Warnings - list of rights police must inform persons of before questioning, including the right against self-incrimination and the right to counsel The Miranda Warning informs suspects that: they have the right to remain silent anything they say may be used against them as evidence they have the right to an attorney; if they cannot afford one, the court will provide one double jeopardy - putting someone on trial for a crime of which he or she was previously aquitted

9 Sixth Amendment Rights
The Sixth Amendment grants the accused the right to be defended by a lawyer. In the 1963 Supreme Court case Gideon v. Wainwright, the Court said that the amendment means that if a defendant cannot afford a lawyer, the state must provide one.

10 Eighth Amendment Rights
The Eighth Amendment outlaws excessive, or extreme, penalties. forbids “cruel and unusual punishments.” A punishment may not be out of proportion to the crime. Proportion - relation of one part to another; balance The Eighth Amendment also prohibits excessive bail.  Bail is a sum of money that serves as a security deposit.


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