I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
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The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in
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legislation.” Was the final goal of the nearly century long battle between the women rights activists and the rest of the nation to make the right to vote equal for all who live under the colors of this great nation. Ratified on August 18‚ 1920‚ the 19th Amendment granted American women the right to vote‚ a right known as woman suffrage. At the time the U.S. was founded‚ its female citizens did not share all of the same rights as men‚ including the right to vote. It was not until 1848 that the movement for
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The 14th Amendment 157 years ago‚ when slavery was an on-going issue‚ an African-American slave came upon the notion that he should be considered a freed man. His reason for feeling such way was simple. He had been living in Illinois for an extended period of time. Illinois at the time was a free state‚ meaning that it had prohibited slavery. With the help of a group of people who opposed slavery‚ he set out to try and become a freed man. This man’s case was presented to the Supreme Court March
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societies viewpoints and ideologies adapt to into the future. An example of changes in the definition about the 8th amendment is seen in the landmark case of Weems vs United States (1910)‚ where Weems was imprisoned for falsifying a public and official document and as a result was sentenced to 15 years. On top of his
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What is the 22nd amendment about? No person shall be elected to the office of the President more than twice and no person who has held the office of the President or even acted‚ as President for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Why was the 22nd amendment proposed? What conflict does it address? An orderly transition of power was needed for George Washington to set the constitution
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Failed Amendment: Protecting Slavery In 1861‚ an Amendment was proposed to protect the practice of slavery‚ known as the Corwin Amendment.. It would make it so not amendments could be made to effect the use of slavery. This is the only proposed Amendment that has the signature of the President‚ to not be ratified. The President’s signature is considered unnecessary due to the face the constitutional provision that on the concurrence of two-thirds of both Houses of Congress the proposal shall be
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Preston Nguyen English 350 M-W 8:45-9:45 November 3‚ 2010 24th Amendment The amendment was one of the last legal vestiges of segregation that tried to keep the black population and the poor people from participating in the vote. As today‚ the 24th Amendment to the Constitution guarantees that no person can be denied the right to vote due to an inability to pay a tax prior to voting. The "poll tax" is now considered unconstitutional. The poll tax was levied on an individual used as a prerequisite
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searches don’t occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests. Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn’t require officers to tell you about your right to refuse. So if you’re pulled over‚ don’t try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests by stating
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The 5th Amendment Basically‚ the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jury’s permission‚ except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can’t be forced to testify yourself. That no one should be executed‚ jailed‚ or have property seized without a legal precedent. Also you can’t be put through cruel or unusually punishment.
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