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Published bySharleen Casey Modified over 9 years ago
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CL #4: # 5-10 1.Which court case says public schools cannot allow prayer in the classroom? 2.Which court case establishes the exclusionary rule? 3.Which amendment protects my right from unreasonable searches and seizures? 4.What level of proof do police need to search my car? 5.Name 1 court case that establishes privacy.
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5 th Amendment: rights of accused No double jeopardy –Can’t be tried for the same crime 2xs
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I plead the 5 th ! Freedom from self- incrimination –Telling on yourself –If you are accused, you do NOT have to speak Plead the 5 th under oath Miranda v. Arizona (1966)
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Due Process Gov cannot deprive you of life, liberty or property w/o due process of the law –Procedural DP : is the law fairly applied? Follow proper procedures? –Substantive DP : is the law itself fair? –Prevents arbitrary decisions
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Eminent domain Gov can take property w/just compensation
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6 th Amend: rights of accused in criminal cases Speedy & public trial Jury of 12 Witnesses Defense –Gideon v. Wainright
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7 th amend: Civil Cases Right to sue for damages Hot Coffee! A 79 yr old woman orders coffee in a McDonald’s drive thru. Her nephew, the driver, stops the car so she can add cream & sugar. Coffee spills – and she gets 3 rd degree burns on 6% of her body. She asks McD to cover her hospital costs. They refuse. She sues. Who’s right?
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8 th amend: punishment No excessive bail or fines –Bail: amount paid to be free while awaiting trial No cruel & unusual punishment –Furman v. Georgia (1972) –DP in this case was arbitrary – states need to stop DP until they can ensure equal treatment for all –CA temporarily banned DP
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9 th amend: Rights NOT listed in the Const are retained by the people
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10 th amend: don’t you know me? Powers NOT delegated to the U.S. govt or prohibited to states are reserved to states –EX:
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