January 23, 2014

What do you think about this photo?Should/can this man be arrested? Why or why not?

GO to Buckeye Valley WebsiteClick red, Classrooms tab on left sideClick Skalko, AaronClick Social StudiesUnder Class files/resources, click Bill of

Rights PP

Amendment 1 Amendment 6Amendment 2 Amendment 7Amendment 3 Amendment 8Amendment 4 Amendment 9Amendment 5 Amendment 10

Bill of Rights

Freedom of religion, of speech, and of the press

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment 1

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Right to Keep and Bear Arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment 2

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Quartering of Soldiers

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner prescribed by law.

Amendment 3

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Security From Unwarrantable Search and SeizureThe right of the people to be secure in their

persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing place to be searched, and the persons or things to be seized.

Amendment 4

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Rights of Accused Persons in Criminal Proceedings

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor…to be a witness against himself, nor be deprived of life, liberty, or property, without the due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 5

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Right to a Speedy Trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…

Amendment 6

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Trial By Jury in Civil CasesIn suits at common law, where the value in

controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Amendment 7

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Bails, Fines, Punishments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 8

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Reservation of Rights of People

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 9

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Powers Reserved to States or People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.

Amendment 10

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A man is arrested as a suspect of the kidnapping of a young woman. After interrogation, the man signs a sworn statement admitting to the crime. However, not once during the arrest or interrogation was the man informed of the rights he has throughout the process. What happens when the case is taken to court?

Scenario #1

• A man is charged with larceny and burglary. At his court case he is found not guilty of larceny but guilty of burglary, and he is sentenced to ten years in prison. A short time later the state court system determined they had been practicing an unconstitutional act when swearing in their jurors. Since the man’s jurors were sworn in unconstitutionally, the man was given the opportunity to a retrial. The retrial was set, yet the man was again tried for larceny and burglary and this time found guilty of both.

Scenario #2

A woman suspected of keeping a fugitive at her home is confronted with police officers at her door. They demand her to open the door, but she refuses. As more police officers arrive, they forcibly enter her home and while searching discover illegal material unrelated to the fugitive. The woman denies the material is hers but is arrested for possession anyway.

Scenario #3

• During a time of war, a man was responsible for sending pamphlets out to people whom were able to be drafted into fighting. The pamphlets discouraged these people from fighting and told them to ignore the draft board if they happened to be drafted. He is arrested for violation of an Espionage Act.

Scenario #4

Late one night there is a burglary in a Florida bar. Later that day a witness claims he saw a particular man leaving the bar with a wine bottle and money in his pockets. The man is arrested on this witness’ claim and is denied a lawyer because the state is only allowed to provide a lawyer when the crime is a capital offense (crime punishable by death). The man is forced to represent himself in court, loses the case, and is sentenced to five years in prison.

Scenario #5