Constitutional Rights Overview

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Questions and Answers

What must be established by a judge for a search warrant to be issued?

  • Reasonable suspicion
  • Community consensus
  • Public interest
  • Probable cause (correct)

Under what circumstances can the privacy of communication and correspondence be compromised?

  • Circumstantial evidence
  • Upon public interest
  • Probable cause
  • Lawful order of the court (correct)

Which of the following rights is protected and cannot be abridged by law?

  • Right to life without any constraints
  • Freedom to travel without restriction
  • Right to obtain any document without limitations
  • Freedom of expression (correct)

Which statement is true regarding the formation of unions or associations?

<p>It cannot be contrary to law. (D)</p> Signup and view all the answers

What ensures that evidence obtained in violation of privacy rights is handled?

<p>It is considered inadmissible in any legal proceeding. (A)</p> Signup and view all the answers

What must be provided to a person who cannot afford legal counsel during an investigation?

<p>A competent and independent counsel (C)</p> Signup and view all the answers

Which of the following is NOT prohibited against a person under investigation?

<p>Legal representation (B)</p> Signup and view all the answers

What happens to confessions obtained in violation of specific rights during an investigation?

<p>They are inadmissible in evidence (C)</p> Signup and view all the answers

Which of the following is a requirement for persons charged with offenses punishable by reclusion perpetua?

<p>They cannot be granted bail under any circumstances (B)</p> Signup and view all the answers

What presumption applies to the accused in a criminal prosecution?

<p>Innocent until proven guilty (B)</p> Signup and view all the answers

Flashcards

Due Process of Law

The government cannot take away your life, freedom, or property without a fair legal process.

Equal Protection of the Laws

The government cannot treat different people differently based on arbitrary factors like race, religion, or gender.

Freedom from Unreasonable Searches and Seizures

The government needs a strong reason, called probable cause, to search your home or belongings. They must get a warrant from a judge.

Freedom of Speech and Assembly

You have the right to speak your mind, express yourself, and share your opinion freely. You can also gather peacefully with others.

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Freedom of Religion

The government cannot force you to practice a specific religion or prevent you from practicing your own.

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Eminent Domain

The government cannot take private property for public use without paying a fair price. This protects individuals' rights to their property.

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Impairment of Contracts

The government cannot pass laws that break contracts made between individuals or businesses.

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Access to Legal Assistance

Everyone has the right to legal help, even if they are poor.

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Right to Counsel and Silence

A person under investigation has the right to remain silent and have a lawyer present.

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Due Process and Fair Trial

The right to freedom from torture and the right to a fair trial are guaranteed.

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Study Notes

Section 1

  • No deprivation of life, liberty, or property without due process
  • Equal protection of laws guaranteed

Section 2

  • Right to security of persons, houses, papers, and effects against unreasonable searches and seizures
  • Warrants must have probable cause, issued by a judge, and describe the place and people to be searched

Section 3

  • Privacy of communication and correspondence is inviolable except by lawful court order or when public safety or order demands it
  • Evidence obtained through violations of this section isn't admissible

Section 4

  • Freedom of speech, expression, press, assembly, and petitioning the government is protected

Section 5

  • No establishing a state religion, and free exercise of religion is guaranteed
  • No religious tests for civil or political rights

Section 6

  • Liberty of abode and travel is protected, but limited by court orders or when necessary for national security, public safety, or public health
  • Rights to information, pertaining to official acts, is guaranteed, Subject to certain limitations

Section 7

  • Right to information pertaining to official acts, transactions, decisions, and government research data as basis for policy is guaranteed - citizen access is recognized
  • Citizen access is subject to limitations

Section 8

  • Right of people to form unions, associations, or societies is guaranteed
  • Purpose of formation must be lawful

Section 9

  • Private property not taken for public use without just compensation

Section 10

  • Law impairing obligation of contracts disallowed

Section 11

  • Free access to the courts and quasi-judicial bodies
  • Legal assistance provided to those in need

Section 12

  • Right to remain silent and have independent counsel, especially for disadvantaged persons
  • No use of torture, force, or violent means
  • Confessions obtained through violations of these rights can't be admitted as evidence.

Section 13

  • Right to bail for all but serious crimes
  • Rights are affirmed even if habeas corpus is suspended
  • Excessive bail provisions

Section 14

  • Criminal charges require due process of law
  • Presumption of innocence, right to counsel, speedy trial, confrontation of witnesses
  • Accused can be tried even if absent after arraignment

Section 15

  • Privilege of habeas corpus protected, except in cases involving invasion or rebellion or where public safety requires it

Section 16

  • Right to speedy disposition of cases before courts and quasi-judicial bodies

Section 17

  • Protection against self-incrimination

Section 18

  • Freedom of political beliefs and aspirations
  • No involuntary servitude, except as punishment for crimes

Section 19

  • Limitations on excessive fines and cruel, unusual, inhumane, punishment
  • Death penalty restrictions
  • Use of inadequate penal facilities disallowed

Section 20

  • Protection from imprisonment for debt, including poll taxes

Section 21

  • Protection against double jeopardy
  • Punishment for one crime cannot be pursued if already tried via either law or ordinance

Section 22

  • Prohibition of ex post facto laws and bills of attainder

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