4th -8th Amendment

Front

How does the 4th amendment protect individuals from unreasonable searches and seizures?

Back

By requiring law enforcement to obtain a warrant based on probable cause before conducting a search or seizure.

Answer explanation

Probable cause is a legal standard that refers to the reasonable belief, based on facts and circumstances, that a crime has been, is being, or will be committed. It is a crucial requirement for law enforcement to obtain a search warrant or make an arrest.

Front

What is the purpose of the 4th amendment?

Back

To protect against unreasonable searches and seizures

Front

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Back

Exclusionary Rule

Answer explanation

For example, if police conduct an illegal search of a suspect's home without a valid warrant and find incriminating evidence, that evidence would be excluded from court under the Exclusionary Rule.

Front

When does the exclusionary rule apply?

Back

when the court finds an illegal search occurred

Front

Michael is being brought up on the same exact charges he was previously found not guilty to due to new evidence. Is this due process?

Back

Not Due Process (arbitrary not fair)

Answer explanation

Double Jeopardy: The Fifth Amendment to the U.S. Constitution protects individuals from being tried twice for the same offense. Once someone is acquitted (found not guilty), they cannot be prosecuted again for the same crime, even if new evidence emerges.

Front

Using a confession against somebody if they did not know they could remain silent/ were not read Miranda Rights

Back

Not Due Process (arbitrary not fair)

Answer explanation

Using a confession obtained without informing the individual of their rights undermines the fairness and integrity of the legal process.

Front

Assigning a free lawyer to somebody who could not afford one

Back

Due Process (fair)

Answer explanation

Due process requires that all individuals receive a fair trial. A fair trial is not possible if a defendant does not have adequate legal representation. Providing a free lawyer ensures that even those who cannot afford an attorney can defend themselves properly in court.

Front

A person's case takes 6 years to get started. Is this due process?

Back

Not Due Process (arbitrary not fair)

Answer explanation

Delays can negatively impact a defendant's ability to mount a defense. Over time, evidence can be lost, witnesses may become unavailable, and memories may fade, which can all impair the fairness of the trial. Prolonged delays can cause significant stress and hardship for the accused, who may suffer from prolonged uncertainty, reputational damage, and restrictions on their personal freedom if they are in pre-trial detention.

Front

According to the 5th amendment, what happens if the government wants to seize your property to build a park?

Back

It can, but you will be compensated.

Answer explanation

Eminent domain is the right of a government or its agent to expropriate private property for public use, with payment of compensation. This means that the government can take private property, such as land or buildings, for projects like building roads, schools, or other public infrastructure, as long as they provide fair compensation to the property owner.

Front

What is it called when a person cannot be tried for the same crime more than once?

Back

Double Jeopardy