Law and Society 3691
Law and Society 3691 POS3691
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This 5 page Bundle was uploaded by Michelle Alvarez on Thursday September 17, 2015. The Bundle belongs to POS3691 at Florida State University taught by Priscilla Quinones in Summer 2015. Since its upload, it has received 330 views. For similar materials see Law and Society (3691) in Political Science at Florida State University.
Reviews for Law and Society 3691
Better than the professor's notes. I could actually understand what the heck was going on. Will be back for help in this class.
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Date Created: 09/17/15
9315 The 1st people to come to North America pilgrims for religious reasons Constitutional monarchy Didn t want to continue paying taxes to the King through hard times King s warrants could be issued for no particular reason to search whatever England wanted Differences in ideology between those who stayed or left England explains how British Common Law came to the United States and why lead to the Bill of Rights Common Law carrying a law forward unless it s reversed or overturned by the court must be the decision of the court Famin was considered the nucleus of society and was a naturally systematic basis that caused our country to grow all depended on location because people did not move often the tie between society and an individual The body of law from England is constantly changing due to changes in society and the justice system Example anything to do with religion today especially in the educational system must be examined by the courts 91015 Bill of Rights 0 Amendment 1 The areas that compromise the freedom of speech have to do with the masses not the few in some cases it s the opposite gt Fightinghatred language gt The fact that there are politicalreligious implications in people s minds leads to regulations at parades etc the government charges individuals to exercise 1st Amendment rights in order to consider the health and safety of the public gt Government can impose limitations that are designed to allow people to speak without compromising themselves for others abridging the freedom of speech or of the press gt Depends on personal attacks Case Law the law as established by the outcome of former cases gt The case law principles of all 1st Amendment cases are all the same 0 Amendment 2 Yes we can bear arms with some limitations has been infringed for people s security 0 Amendment 3 DISREGARD 0 Amendment 4 Derived from the English King invasion of homes gt King delegates could issue a general warrant due to the lack of colonists paying taxes warrants would be issued in order to find proof that the colonists had the income to pay but delegates could search for anything under the King s warrant Now searches must be made under the requirementspremises of this amendment A judge must sign off on a warrant based on a sworn in officer as to Why an area should be searched probable cause that a crime has been committed Where things seized must be part of specified crime 91715 Bill of Rights 0 Amendment 4 Continued We are looking to protect from illegal search from the state Warrant is required for a search and seizure based on probable cause sworn by a police officer Officers can t go forward if probable cause affidavit is denied by a judge If there is a minor at a person s home and an officer comes with a warrant he or she should know not to enter because the minor is not at a consenting age Warrant must be particular and specific to the person and place Exceptions to warrant requirement 1 Consent person must have the ability to allow a search 2 When o icers are in hot pursuit example robbery 3 Plain view if an officer is in a person s home legally then whatever they see is potential fair game 0 Amendment 5 Grand Jury along with a state prosecutor determine if there is enough probable cause to try an individual for a crime A person cannot be tried for the same offense twice after being found innocent or guilty the first time gt Can only be tried again if there was a hung jug indecisive so the case would need to be started all over again nor shall be compelled in any criminal case to be a witness against himself gt In order to not incriminate yourself gt Nobody can force a person to testify in court during their own case example some attorneys will not put criminals on the stand because they can potentially say things against themselves 1 You have the right to remain silent main purpose of this amendment 2 You have the right to an attorney 3 You have the right to have an attorney present All 3 can apply only if you are in custodyunder interrogation A person needs to be informed of the nature and cause of the accusation 0 Amendment 6 Gives a person the right to an attorney and the state Will provide one if an attorney cannot be afforded
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