Social Studies 7 Civics CH 4.2: OTHER BILL OF RIGHTS PROTECTIONS
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1 Social Studies 7 Civics CH 4.2: OTHER BILL OF RIGHTS PROTECTIONS
2 RIGHTS OF THE ACCUSED
3 RIGHTS OF THE ACCUSED A. The First Amendment protects five basic freedoms for all Americans.
4 RIGHTS OF THE ACCUSED B. Equally precious, however, is the right to fair treatment in the legal system.
5 RIGHTS OF THE ACCUSED C. This is the subject of other parts of the Bill of Rights. The, 5th 8th 4th 6th,, and Amendments protect accused the rights of the, which are people officially charged with crimes.
6 THE FOURTH
7 THE FOURTH (4TH) A.The Fourth (4th) Amendment protects us against unreasonable searches and seizures.
8 THE FOURTH (4TH) B. No officer of the government can search a person s property or take his or her at will. possessions
9 THE FOURTH (4TH) C. The officer must have probable cause, or strong reasons to think that the person or property was involved in a crime.
10 THE FOURTH (4TH) D. When law enforcement officers want to do a search for evidence, they must first get. approval
11 THE FOURTH (4TH) E. They must ask a judge to issue a search warrant. This court order allows officers to search a suspect s home, business, or other property and take certain items as evidence.
12 THE FOURTH (4TH) F. Only items listed in the warrant can be taken.
13 THE FOURTH (4TH) G. Judges do not give out search warrants easily. They must be that a convinced search is likely to yield evidence.
14 THE FIFTH
15 THE FIFTH (5TH) A.The Fifth Amendment protects several rights of an accused person. First, it states that no one can be tried for a serious crime without an indictment.
16 THE FIFTH (5TH) B. An indictment is a document issued by a body called a grand jury that formally charges someone with a crime.
17 THE FIFTH (5TH) C. Members of the grand jury evidence first review all the against an accused person before deciding to indict him or her.
18 THE FIFTH (5TH) D. Someone who is indicted is not guilty necessarily. This document simply states the grand belief jury s that he or she crime may have carried out a.
19 THE FIFTH (5TH) E. A trial will decide whether he or she did, in fact, commit a crime.
20 Double Jeopardy
21 THE FIFTH (5TH) F. The Fifth Amendment prevents putting people on trial more than once for the same crime.
22 THE FIFTH (5TH) G. Putting someone on trial for a crime of which he or she was previously found innocent is called double jeopardy. The Fifth Amendment blocks the government from that action.
23 Self Incrimination
24 THE FIFTH (5TH) H. The Fifth Amendment also protects an accused person s right to remain. silent
25 THE FIFTH (5TH) I. Throughout history, governments have sometimes forced people to confess to crimes they did not really commit.
26 THE FIFTH (5TH) J To prevent this, the Fifth Amendment states that people cannot be made to testify against themselves.
27 THE FIFTH (5TH) K. This protects them against. self incrimination
28 Due Process
29 THE FIFTH (5TH) L. The Fifth Amendment states that no one may be denied life,, or property without due process of law. liberty
30 THE FIFTH (5TH) Due Process M. means following set legal procedures. It includes the idea that the laws to be followed must be reasonable.
31 Eminent domain
32 THE FIFTH (5TH) N. Finally, the Fifth Amendment protects property rights. It limits the government s power of eminent. domain
33 THE FIFTH (5TH) O. is the government s right to take property usually land for use. Eminent Domain private public
34 THE FIFTH (5TH) P. For example, if your home lies in the path of a proposed highway, it may be legally taken and destroyed.
35 THE FIFTH (5TH) Q. The Fifth Amendment limits this power. It requires the government to pay a reasonable price for the property.
36 THE SIXTH
37 THE SIXTH (6TH) A. The Sixth Amendment guarantees other rights to the. accused
38 THE SIXTH (6TH) B. First, it requires that persons be clearly told what the charges against them are.
39 THE SIXTH (6TH) C. The Sixth Amendment also covers. trials
40 THE SIXTH (6TH) D. It requires that the accused be allowed a trial by, although he or she may choose to be tried by only a. judge jury
41 THE SIXTH (6TH) E. If the person asks for a jury trial, that trial must be speedy and held in. public
42 THE SIXTH (6TH) F. In addition, the jurors must be. fair
43 THE SIXTH (6TH) G. If possible, the trial should be held in the community where the crime took place.
44 THE SIXTH (6TH) H. An accused person has the right to hear and question all witnesses against him or her.
45 THE SIXTH (6TH) I. He or she must be allowed to call witnesses in. defense
46 THE SIXTH (6TH) J. Finally, he or she has the right to a. lawyer
47 THE SIXTH (6TH) K. The Supreme Court has said that when an accused cannot a lawyer, the government must for one. afford pay
48 THE EIGHTH
49 THE EIGHTH (8TH) A. Sometimes months can pass before a trial can be held.
50 THE EIGHTH (8TH) B. During that time, the accused may have the choice to remain free by paying bail.
51 THE EIGHTH (8TH) Bail C. is a sum of money used as a security deposit. In exchange for being let out of jail, the person pays the sum and promises to appear at the trial.
52 THE EIGHTH (8TH) D. When the accused comes to court for the trial, the bail is. returned
53 THE EIGHTH (8TH) E. If the person fails to, appear he or she loses the money.
54 THE EIGHTH (8TH) F. A judge decides how much bail a person must pay.
55 THE EIGHTH (8TH) G. The Eighth Amendment, however, forbids excessive bail that is, an amount that is much too high.
56 THE EIGHTH (8TH) H. Excessive does not just refer to what a person is able to pay.
57 THE EIGHTH (8TH) I. In setting bail, a judge weighs several matters. These include the of crime committed, the of the accused person, and the likelihood that he or she will appear in court. type record
58 THE EIGHTH (8TH) J. Sometimes judges bail. They do so when they think the accused will try to, or escape, rather flee deny than show up for the trial.
59 THE EIGHTH (8TH) K. When a person is found guilty of a crime, the Eighth Amendment protects him or her from punishment harsh that is too. It also bars high fines from being too.
60 THE EIGHTH (8TH) L. This amendment also forbids cruel and unusual punishments.
61 THE EIGHTH (8TH) M. Americans have long debated what punishments are cruel and unusual. Many agree that punishment should the crime committed. fit
62 THE EIGHTH (8TH) N. For example, a sentence of life imprisonment for stealing a loaf of bread would be too harsh.
63 THE EIGHTH (8TH) O. People disagree strongly, though, about whether the death penalty is cruel and unusual punishment.
64 ADDITIONAL PROTECTIONS
65 ADDITIONAL PROTECTIONS A. When the Founders wrote the Bill of Rights, they remembered the events that had led to the Revolutionary War.
66 ADDITIONAL PROTECTIONS B. They felt that certain actions taken by the British government were abuses of power.
67 ADDITIONAL PROTECTIONS A.C. The Founders wanted to prevent the American government from taking such actions.
68 THE SECOND
69 THE SECOND (2ND) A. The Second Amendment says this: A well regulated being necessary to the of a free State, the right of the people to keep and Arms shall not be infringed. Militia security bear
70 THE SECOND (2ND) B. When the Second Amendment was written, a state s militia was made up of a small of people who served as soldiers army when needed.
71 THE SECOND (2ND) C. People have long debated what, rights exactly, this amendment protects.
72 THE SECOND (2ND) 2008 A.D. In the Supreme court commented on the Second Amendment. The Court stated that the Second Amendment means that individuals firearms have a constitutional right to keep in their homes for personal safety.
73 THE SECOND (2ND) A.E. Courts have generally ruled that the government can pass laws to gun ownership. control
74 THE SECOND (2ND) A.F. For example, federal and state governments can spell out who can have a license to own firearms.
75 THE THIRD
76 THE THIRD (3RD) A. In the years before the American Revolution, the British required colonists to shelter British soldiers in their own homes and feed them.
77 THE THIRD (3RD) B. The Third Amendment bans that practice in peacetime.
78 THE THIRD (3RD) A.C. It says that, when there is no war, soldiers may not stay in people s homes permission without of the home owner.
79 THE SEVENTH
80 THE SEVENTH (7TH) A. The Seventh Amendment concerns civil court cases.
81 THE SEVENTH (7TH) B. Civil cases are lawsuits that arise when people s rights are in. conflict
82 THE SEVENTH (7TH) C. The amendment guarantees the right to a jury trial in most of these disputes heard in the federal courts.
83 THE SEVENTH (7TH) D. This guarantee specifically applies to disputes about property worth more than. $20
84 THE SEVENTH (7TH) E. Today, however, nearly all such disputes involve sums larger than $20. As a result, this requirement of the amendment is almost always met.
85 THE SEVENTH (7TH) F. The Seventh Amendment also sets separate roles for judges and juries in these cases.
86 THE SEVENTH (7TH) G. The judge has the duty to solve issues of. law.
87 THE SEVENTH (7TH) H. For example, a judge determines whether or not certain evidence is. permissible
88 THE SEVENTH (7TH) I. The jury is to listen to evidence and consider the facts presented.
89 THE SEVENTH (7TH) J. From this information, the jury must then draw reasonable conclusions to reach a, or decision. verdict
90 THE SEVENTH (7TH) K. If both parties in a conflict, agree the trial can be held without a jury.
91 THE SEVENTH (7TH) L. When this happens, a judge hears the evidence and decides the case.
92 THE NINTH
93 THE NINTH (9TH) A. The Ninth Amendment states that all other rights not spelled out in the Constitution are retained or kept, by the people.
94 THE NINTH (9TH) B. This amendment prevents the government from claiming that only the rights people have are those listed in the Bill of Rights.
95 THE NINTH (9TH) C. The Ninth Amendment makes it clear that citizens have other beyond rights those listed in the Constitution, and they may not be taken away.
96 THE TENTH
97 THE TENTH (10TH) A. The last amendment in the Bill of Rights did not add anything to the ratified Constitution.
98 THE TENTH (10TH) B. Instead, the Tenth Amendment recognizes that the power of the federal government is. limited
99 THE TENTH (10TH) C. The Tenth Amendment states that any powers the Constitution does not specifically give to the federal states government belong to the or the people.
100 THE TENTH (10TH) D. The amendment expresses the idea that the federal government is limited in. power
101 THE TENTH (10TH) E. In this way, the amendment is intended to prevent Congress and the president from strong becoming too.
102 THE TENTH (10TH) F. The government of the United States can have only the powers the people give it.
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