Preview

Notes on the Constitution

Good Essays
Open Document
Open Document
1122 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Notes on the Constitution
THE AMENDMENTS

A. First amendment: Religious and Political Freedom 1. Guarantees freedom of a. Speech b. Religion c. Press d. Right to assemble peaceably e. Petition the government for redress of grievances (to ask it to fix something that it’s responsible for) B. Amendment 2: right to bear arms 1. The belief was strong that a well regulated militia (such as the National Guard, in modern times) was necessary for maintaining our national security, so the political leaders in congress guaranteed that the right to bear arms would not be infringed (violated) C. Amendment 3: Quartering 1. No soldier of peace shall be quartered in a private citizens home without the homeowner’s consent D. Amendment 4: Search and Seizure 1. People and their personal property cannot be searched without a warrant, issued by a judge E. Amendment 5: Rights of An Accused Person 1. No person may be held to a crime unless he or she has first been officially and legally charged (through an indictment by a grand jury or a presentment from a prosecutor) 2. No person can be tried for a crime, found not guilty, then tries again for that exact same crime--- Double Jeopardy 3. A person does not have to answer any questions if they believe that they may incriminate themselves 4. Persons cannot be deprived of life, liberty, or property, without due process of law 5. Private property cannot be taken for public use unless the owner is fairly compensated for it. 6. Generally, due process of law as it applies to the 5th amendment guarantees the following: a. Right to fair and public trial b. Right to present at the trial c. Right to an impartial jury d. Right to be heard in one’s own defense e. Laws must be written so that a reasonable person can understand what is criminal behavior f. Taxes may only be taken for public purposes g. Owners of property taken over by the
F. Amendment Six: Right to

You May Also Find These Documents Helpful

  • Good Essays

    11. Under common law doctrine, individuals under age _____ were presumed to be unable to develop intent and therefore could not be prosecuted…

    • 2215 Words
    • 13 Pages
    Good Essays
  • Powerful Essays

    “The Fourth Amendment provides the people of the United States, the right to be secure in their persons, houses, papers, and effects. Against unreasonable searches, and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized” (U.S Constitutional Amendments, 1972). The design of this Amendment is to create a type of barrier in order to protect individual rights to privacy, also preventing illegal search, and seizure of personal property. These search warrants are in…

    • 1424 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    Case Analysis

    • 1334 Words
    • 6 Pages

    * “The due process guarantee protects people from unfairness in the operation of both substantive and procedural law.” Procedural law prescribes the method used to enforce legal rights. It provides the machinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.” (p.29)…

    • 1334 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.…

    • 1691 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Week Five Worksheet

    • 714 Words
    • 3 Pages

    3. The ___Eigth___________ Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.…

    • 714 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”…

    • 1796 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The U.S Constitutional amendments place limits on what law enforcement and how a trial should be governed. These strict rights are to be followed because if an officer fails to abide by the proper procedure, the trial court may forcibly put an end to evidence obtained in violation of proper procedure or even release the arrested suspect. This is an amendment that deals with each of the following: criminal due process, arrest, interrogation, search and seizure, Miranda, punishment, the right to jury trials, and the right to counsel.…

    • 376 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Constitution Paper

    • 1261 Words
    • 4 Pages

    U.S. Department of State Office of the Historian. (n.d.). Articles of Confederation 1777-1781. Retrieved from http://history.state.gov/milestones/1776-1783/articles…

    • 1261 Words
    • 4 Pages
    Better Essays
  • Good Essays

    14th Amendment Essay

    • 473 Words
    • 2 Pages

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing…

    • 473 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The person who has committed the acts must show that they knew they were the one who caused the crime and that knowingly were aware that their actions would cause a negative outcome. In society, we as a people must determine what we consider to be illegal and what the severity of those actions are and should be. State and federal laws are put into place when criminal law is acknowledged as an unacceptable way of society.…

    • 419 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    criminal justice

    • 475 Words
    • 2 Pages

    b.Under what circumstances may an individual be convicted of a crime by failing to act?…

    • 475 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Criminal law is defined as the body of rules that define crime, set out their punishments, and mandate the procedures for carrying out the criminal justice process. The substantive branch of criminal law is responsible for developing the body of rules that define crimes and the punishments associated with each crime. It handles such issues as the different criteria that constitutes for different crimes, criminal defenses, and categories of crime. When defining various crimes, mental and physical elements must be satisfied to warrant a conviction in court.…

    • 596 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Criminal Procedure

    • 1339 Words
    • 6 Pages

    Due process clause is “a clause found in the Fifth and Fourteenth Amendments saying that no…

    • 1339 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Legal Rights During Trial

    • 1123 Words
    • 5 Pages

    The first one I am going to be discussing the right to confront witnesses. It states in the 6th amendment, “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witness against him.” (Siegel L. & Worrall J. 2013). This means that not only is the defendant allowed to confront any witness of their choosing but they can also participate in any way they want to in their own case. This can all be taken away from the defendant if misconduct is committed. This is done by the defendant not showing up for court. The confrontation can be violated if a testimony taken outside of the court and used to convict the accused while in court. Recently the court made the decision to extend that the defendant be able to question the analyst while in trial. This was a big change because they said that the testimony should be come out at trial and the analyst should not have to be questioned. Another way this cannot happen is if the defendant killed the witness they would not be allowed to appear at the hearing. There is something known as the confrontation clause which is very important in a trial. This restricts the, what is known as, the hearsay evidence. This is secondhand information or also known as the he said/ she said evidence. All evidence has to be face to face information, coming from the person that seen it with…

    • 1123 Words
    • 5 Pages
    Good Essays
  • Good Essays

    4th Amendment protects your right against unreasonable search and seizure of property, papers, or people without valid probable cause…

    • 791 Words
    • 4 Pages
    Good Essays