Court Cases 1
was indicted for robbery and detained in a Maryland jail. Prior to his trial, he asked for counsel (an attorney) to represent him because he could not afford one. His request to be represented by an attorney was denied by the court and he was soon convicted. While incarcerated, ____ filed a habeas corpus petition in the lower courts. After they rejected his petitions, he filed a certiorari petition with the Supreme Court, which agreed to hear his case. ___ argued that his 6th Amendment right to a fair trial was violated because of his lack of counsel. The State of Maryland held that most states did not require the appointment of counsel in non-capital cases and the circumstances of this particular case did not require it. Which Case
Betts V Brady
The Court explained that the free speech rights of students had to be considered in light of the “special characteristics” of the school environment, and that it was an important responsibility of schools to deter drug use among young people.
Morse v. Frederick
This amendment guarantees freedom of religion, speech and the press, and protects the right of assembly.
1st amendment
This amendment protects the right to keep and bear arms.
Second Amendment
protection against illegal imprisonment
a writ of Habeas Corpus
____ was accused of breaking into a poolroom. ___, an ex con, was too poor to pay for a lawyer and asked the court to appoint one for him. The lower court refused to grant his request stating that lawyers were only provided for those accused of committing capital crimes like murder, rape, etc. ____ was tried and was forced to defend himself. While in Prison ____ hand wrote a plea to the Supreme Court and was granted a hearing. At this point he received representation from lawyers who were attracted to his case. ____ argued that his right to a fair trial was violated. The Court ruled that all citizens must be provided a lawyer if they cannot afford one. This is regardless of the type of crime. 5th and 6th Amendments Which case
Gideon V Wainwright
The Court ruled against ____ setting new standards for school officials. The Court ruled that school officials may search a student under "reasonable suspicion." The standard is less than that required of police therefore giving school officials much broader search powers under the fourth amendment.
New Jersey V TLO
This amendment outlines the rights of the accused, including the right to have a speedy and public trial, the right to be informed of the charges made against him, the right to call witnesses in his defense, and the right to have an attorney in his defense.
6th amendment
The 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 the place to be searched and the persons or things to be seized.
4rth amendment
a writ or order by which a higher court reviews a decision of a lower court.
Certiorari
___was arrested for illegal gambling after using a public phone to transmit "gambling information." The FBI had attached an electronic listening/recording device onto the outside of the public phone booth that _____habitually used. They argued that this constituted a legal action since they never actually entered the phone booth. The Courts decision ruled in favor of ____, stating the Fourth Amendment allowed for the protection of a person and not just a person's property against any illegal searches. Whatever a citizen "seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." 4th and 5th amendments
Katz V US
_____suspected of using the mail system to distribute chances in a lottery, which was considered gambling and was illegal in Missouri. Federal agents entered his house, searched his room, and obtained papers belonging to him. Later, the federal agents returned to the house in order to collect more evidence and took letters and envelopes from ___ drawers. In both instances, the police did not have a search warrant. The materials were used against ____at his trial and he was convicted. At issue was whether the retention of ___ property and its admission in evidence against him violated his Fourth Amendment right to be secure from unreasonable search and seizure and his Fifth Amendment right not to be a witness against himself.
Weeks V US
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
8th amendment
This amendment guarantees a trial by jury and “due process of law” and guards against double jeopardy (being charged twice for the same offense) and self-incrimination.
5th amendment
one against whom a civil or criminal action is brought
Defendant
This case established the Exclusionary Rule
Mapp V Ohio
Katz V US, arrested for illegal gambling after using a bugged public phone. Which 2 amendments were infringed on?
4rth and 5th
This amendment ensures that the individual rights that are not enumerated in the Constitution are secure - that is, that these rights should not be automatically infringed upon because they are omitted from the Constitution. (Other rights kept by the people)
9th amendment
This amendment guards against the forced quartering of troops. (In the years before the American Revolution, British officials forced the colonists to quarter, house and feed British troops.
3rd amendment
the principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable search and seizures cannot be used against the suspect in a criminal prosecution.
exclusionary rule
Case that established Police officers have to read an individuals their rights so they know they have the right to remain silent and have an appointed lawyer. 5th amendment
Miranda V Arizona
Does deadly force violate the 4rth amendment. Shot a person climbing a fence. Can you shoot a fleeing burglar. What is the case?
Tennessee V Garner
In 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 reexamined in any court of the United States than according to the rules of the common law.
7th amendment
This amendment limits the power of federal government by reserving for the states all powers that are not explicitly granted to the federal government by the Constitution, nor denied to the states. This amendment counterbalances Article VI, which invests the federal government this ultimate legislative authority.
10th amendment
a statement of facts in writing signed by the party, sworn to before an authorized magistrate
Affidavit