Law and Society Exam 1 Study Guide I Amendments 1First Ten Amendments passed by Congress September 25 1789 Bill of Rights 1st Amendment 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 Freedom of religion o Establishment clause congress shall make no law respecting and establishment of religion o Separation of tax dollars from religious purposes o Separation of religion from government and state practices Free exercise clause congress shall make no law prohibiting the free exercise of religion o We can exercise any religion as long as it doesn t break any laws Cant practice religious traditions that are against the law Example killing babies at the alter Has to be practiced by many o Tax dollars cannot be used for religious purposes Example Building churches etc o Catholic schools are given grants from the government but can only use it for non religious purposes Classrooms auditorium school supplies etc abridging the freedom of speech o Prohibiting the government from suppressing our freedom of speech o Political speech highest form of speech o Business speech Then pornography or offensive music o Freedom to press under certain conditions o Not absolute o Petition the government for a redress of grievances Protect your property Things the government does should not affect your property o Or of the press o You can publicly say whatever you want unless you claim something about someone in the public arena that isn t true o Expression Dancing music other forms of art not formally expressed in amendment but applies o Forms of publications newspapers magazines internet are covered by first Right of the people peacefully to assemble and to petition the government for a amendment redress of grievances safety o A parade for a cause o Balance test Need a permit to have a parade for many reasons of public Costs money to have police ems sanitation services Helps protect people of the parade and people etc surrounding parade o 2nd Amendment 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 Right to bear arms is not absolute either Have to be of certain age mental stability only certain guns Restrictions o Registration o Cooling off period o Age o Background o Gun type o Money o Pay for your License o If you re a felon can t have a gun o Can t bring it into airports banks courthouses o Mental condition o Interstate laws Granted rights or rights that protect us from the government Have to have a concealed license and driver license with you at all times of possession o With a license you are granted the right to carry a weapon with immediate access purse waist car Don t have to disclose to officer you have a weapon in the car 4th 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 person or things to be seized Unreasonable search and seizure which is illegal searches and seizures o Right to be secure in their persons houses papers and effects o Prevent unreasonable searches and seizures o Requirement for the government state to have a warrant Requirement of the warrant have probable cause oath and affirmation Affidavit of sworn statement by officer describing where criminal activity was taking place how long they set up surveillance and what took place at the given place Swears to judge that is the truth be signed by the judge and specificity describe exactly what they re looking for Persons place and things to be seized o Arresting someone is a seizure o Home now has more meaning Cars purses backpacks etc However they can go through public property Ex school locker because it is owned by the school o Consent permission to come onto property or inside of home Exception to warrants o Something illegal is in plain view o The officer is given consent to search o If a criminal is chased down by an officer into his house and the officer finds something illegal Anything that is seized under a warrant or under any of the above exceptions of a warrant can be used as evidence in a trial o Anything that was seized illegally can not be used as evidence Reasonable suspicion lesser standard than probable cause Allows law enforcement officer to stop and frisk briefly on reasonable suspicion of a crime if facts that are discovered during the reasonable suspicion detainment provide probable cause the suspect then can be arrested Still used as a standard for probable cause Possible cause cause that something could happen Probable cause cause that something is most likely to happen 5th Amendment No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury Capital offense Being convicted would lead to death penalty Grand jury o For a capital offense The prosecutor presents to the Jury and the jury decides whether there is sufficient probable cause for defendant to be tried o For a regular offense Prosecutor presents case in front of court only Double jeopardy clause o If jury finds you not guilty for one crime cannot be tried twice for same charge Exceptions the trial up Mistrial when something happens in or out of court that messes Hung jury when jury can t make a decision Nor shall anyone be compelled against himself o Defendant does not have to testify be a witness against himself Defendants are not good witnesses Not prepared for questioning Exception Williams rule o Can ask have you every been convicted of a felony and How