Rights in Policing
What does “due process of law” mean under the 5th and 14th Amendments?
The government must follow fair legal procedures before depriving someone of life, liberty, or property.
What does the 6th Amendment guarantee regarding legal counsel?
It guarantees the right to an attorney, even if the defendant cannot afford one.
What protection does the 8th Amendment provide in sentencing?
It prohibits cruel and unusual punishment.
What 4 freedoms are guaranteed under the 1st Amendment?
Freedom of speech, press, religion, assembly, and petition.
What does “due process of law” mean under the 5th and 14th Amendments?
The government must follow fair legal procedures before depriving someone of life, liberty, or property.
If police stop someone without probable cause, which amendment may be violated?
The 4th Amendment.
What is meant by the right to a “speedy and public trial”?
The 6th Amendment ensures defendants are tried quickly, in an open court, preventing indefinite detention.
How does the 8th Amendment relate to prison conditions?
Inhumane prison conditions can be challenged as cruel and unusual punishment.
Can inmates freely exercise 1st Amendment rights in prison?
Rights may be limited for security, but cannot be eliminated entirely.
What does the Equal Protection Clause of the 14th Amendment prohibit?
Discrimination by the state against individuals or groups without a legitimate reason.
What is the “exclusionary rule” connected to the 4th Amendment?
Evidence obtained illegally (without a valid warrant or probable cause) cannot be used in court
Which amendment ensures a trial by an impartial jury?
A3: The 6th Amendment.
What is the significance of the 14th Amendment for correctional practices?
It ensures equal protection, meaning inmates cannot be treated differently based on race, gender, or other protected categories.
How does the 1st Amendment apply to protest and policing?
Citizens have the right to peacefully protest; police must balance public safety with protecting free speech.
What case applied the Equal Protection Clause to racial segregation in schools?
Brown v. Board of Education (1954).
Which amendment provides protection against self-incrimination?
The 5th Amendment (right to remain silent).
How does the 14th Amendment impact trials at the state level?
It applies federal constitutional rights (like due process and equal protection) to the states through selective incorporation.
What role does the 8th Amendment play in the death penalty debate?
Courts debate whether certain methods of execution or applications of the death penalty are cruel and unusual.
What case limited students’ free speech rights in schools but affirmed protections?
Tinker v. Des Moines (1969) ruled students do not lose 1st Amendment rights but schools can regulate disruptive speech.
How does procedural due process differ from substantive due process?
Procedural ensures fair procedures (notice, hearings), while substantive ensures laws themselves are fair and just.
Why is Miranda v. Arizona (1966) important for policing?
It requires law enforcement to advise suspects of their 5th Amendment rights before interrogation.
Why was Gideon v. Wainwright (1963) a landmark case?
It extended the 6th Amendment right to counsel to defendants in state courts.
How does due process under the 4th Amendment apply to parolees?
Parolees have limited rights to privacy.
Can hate speech be punished under the 1st Amendment?
Hate speech is generally protected unless it directly incites violence or unlawful action.
Why is the 14th Amendment considered a cornerstone of civil rights?
It expanded constitutional protections to state actions and guaranteed equal protection under the law.