Constitution and Bill of Rights
Constitution and Bill of Rights CJ 100
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This 2 page One Day of Notes was uploaded by Alyssa Hendrixson on Tuesday January 13, 2015. The One Day of Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2013. Since its upload, it has received 139 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 01/13/15
Constitution and Bill of Rights Constitution 0 The supreme law of the United States 0 State and federal court systems 0 First 3 articles establish the separation of powers 0 Legislative Execque Judicial o Concerns over a centralized power 0 Ned for individual rights 0 Public sentiment was divided about the wisdom of conferring broad powers on the national government Granted federal government the power to tax was dangerous Constitution lacked Bill of Rights and the assurance of a fair trial Concentrating so much power in the federal government threatened the sovereignty of states Bill of Rights 0 Antifederalists argued that the Constitution needed provisions that protected individual rights liberties and freedoms 0 First 10 amendments to our Constitution Rati ed in 1791 0 Designed to limit the power of the federal government 0 Originally applied only to the federal government Baron vs Baltimore lst Amendment 0 quotGreat Amendmentquot 0 Freedom of religion press speech assembly and petition o Guarantees that Americans can share the information they need for a robust debate on issues and there is no act on these issues 0 Categorized as freedom of exression o How it applies to CJ 0 quotTrial by Mediaquot Sheppard vs Maxwell 39 lst vs 6th 0 Freedom of assembly and petition Large protest movements Occupy Wall Street 0 Internet YouTube SOPA 2nd Amendment 0 Right to bear arms 0 DC vs Heller 2008 Protects individuaI39s right to possess a rearm in federal enclaves Previously had hand gun ban in homes 0 McDonald vs Chicago 2010 Applies to individual states under the due process clause of the 14th amendment 3rd Amendment o Quartering troops o quotNo soldier shall in time of peace be quartered in any house without consent of the owner nor in time of war but in a manner to be prescribed by lawquot 4th Amendment 0 Protects unreasonable searches and seizures 0 Warrant Written court order instructing that a certain act be carried out o No warrant shall be issued without probable cause Reasonable conclusion 0 Exclusionary Rule Prohibits court from considering illegally obtained evidence 5th Amendment 0 Protects against giving evidence against yourself via confession Take the 5th OJ Simpson Casey Anthony 0 Protection of selfincrimination Miranda rights 0 Double Jeopardy doctrine Prevents from being tried twice for the same crime in the same level of court 0 Guarantees quot ue processquot Constitutional guarantee of fairness and that one will be given notice of the proceedings and opportunity to be heard before the government acts to take away one39s life liberty and property Onlv in federal court