Fourth and Fifth Amendments Overview

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Questions and Answers

What does the Fourth Amendment prevent?

Illegal searches and seizures (correct)

Double jeopardy

Unfair trials

Self-incrimination

What is a search warrant?

A court order authorizing a search

What is the exclusionary rule?

Evidence not allowed in court due to illegal recovery

What amendment forbids illegal wiretaps?

Fourth Amendment Signup and view all the answers

Mapp v.s Ohio is associated with which legal principle?

Exclusionary rule Signup and view all the answers

What does the Sixth Amendment guarantee?

Speedy and fair trial Signup and view all the answers

What does the right to counsel give you?

The right to an attorney Signup and view all the answers

What was the outcome of Gideon v.s Wainwright?

Received a new trial after being denied counsel Signup and view all the answers

What does the Fifth Amendment forbid?

Double jeopardy Signup and view all the answers

What is self-incrimination?

Testifying against oneself Signup and view all the answers

Which court case established the rights of arrested individuals?

Miranda v.s Arizona Signup and view all the answers

What do Miranda rights include?

Right to remain silent Signup and view all the answers

What is presentment?

Formal report by the grand jury that authorizes a trial Signup and view all the answers

What is a docket?

A court's schedule Signup and view all the answers

What is a bench trial?

Situation where the judge determines the case without jury input Signup and view all the answers

Federal court cases must be determined by an ____________ verdict.

unanimous Signup and view all the answers

What does bail allow?

Temporary release from custody Signup and view all the answers

Police have extra leeway when it comes to searching __________.

vehicles Signup and view all the answers

What does habeas corpus require?

Police must appear in court with the accused Signup and view all the answers

What is a bill of attainder?

Legislative act inflicting punishment without a court trial Signup and view all the answers

During riots, the government may restrict individual __________.

freedoms/liberties Signup and view all the answers

What is required to search a student's locker at school?

Nothing Signup and view all the answers

Courts have ruled schools need only _ to search students/possessions.

reasonable grounds Signup and view all the answers

What was the outcome of Brown v.s Mississippi?

The Supreme Court ruled against torture to gain evidence Signup and view all the answers

What is a grand jury?

A group of citizens deciding on sufficient evidence to accuse someone Signup and view all the answers

What is probable cause?

A reasonable basis to believe a person or premises is linked to a crime Signup and view all the answers

What does police power refer to?

Authority of each state to protect and promote public welfare Signup and view all the answers

The access to counsel means you have the right to ______________ defense.

adequate Signup and view all the answers

Study Notes

Fourth Amendment

Prevents illegal searches and seizures, safeguarding personal privacy and property.
Forbids illegal wiretaps, enhancing protection against unwarranted governmental intrusion.

Search Warrant

A court order that authorizes law enforcement to conduct a search of a specified location or individual.

Exclusionary Rule

Prohibits the use of evidence in court that was obtained unlawfully or through illegal means.

Landmark Cases

Mapp v. Ohio: Established the exclusionary rule following illegal search practices during the pursuit of a fugitive.
Gideon v. Wainwright: Affirmed the right to counsel by granting a retrial to an uneducated man who was denied legal representation.
Miranda v. Arizona: Introduced Miranda rights, mandating that arrested individuals be informed of their rights, including the right to remain silent.

Fifth Amendment

Protects individuals from self-incrimination and prohibits double jeopardy, preventing a person from being tried twice for the same crime.

Eighth Amendment

Prohibits cruel and unusual punishment, shaping humane treatment within the justice system.

Right to Counsel

Ensures defendants can receive adequate legal representation during trial, essential for a fair trial.

Bail and Due Process

Bail allows temporary release of an accused pending trial, contingent on monetary assurances of appearance.
Due process guarantees fair application and enforcement of the law.

Jury Considerations

A change in venue may be requested to ensure an impartial jury if local bias is feared.
Federal court cases require a unanimous verdict for determination of guilt or innocence.

Police Powers and Searches

Police have increased leeway in searching vehicles compared to personal property.
Schools require only reasonable grounds to search students or their possessions.
No evidence is necessary for searching student lockers.

Grand Jury

Consists of citizens who decide whether sufficient evidence exists to charge someone with a crime.

Probable Cause

Refers to a reasonable basis to believe that a person or their premises is connected to criminal activity.

Legislative Protections

A bill of attainder imposes punishment on individuals without a trial, which is prohibited by law.

Public Safety and Riots

Individual freedoms can be restricted by the government during times of civil unrest or riots to maintain order.

Legal Terminology

Presentment: A formal report by a grand jury to initiate a trial.
Docket: The schedule of cases to be heard in court.
Bench Trial: A legal proceeding where a judge makes the decision without a jury.
Habeas Corpus: Requires authorities to justify the detention of an accused individual.

Additional Notes

The term "unanimous" is critical in ensuring a fair trial within federal courts.
The concept of "adequate" access to counsel underscores the necessity of effective legal defense during trials.

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Description

Explore the critical aspects of the Fourth and Fifth Amendments, focusing on illegal searches, the Exclusionary Rule, and landmark Supreme Court cases. Understand the fundamental rights that protect personal privacy, the importance of search warrants, and the right to counsel. Test your knowledge on how these amendments shape legal protections in the United States.