Wk 2/3 Fair Trials & Punishment

What are the 2 types of Due Process?

• Misdemeanor & Felony

• Substantive & Procedural

• 5th Amendment & 4th Amendment

• Prison & Jail

What are the 6 rights of the accused?

• 1- Speech

  2- Religion

  3- Petition

  4- Assembly

  5- Press

• 1- Substantive Due Process

  2- Procedural Due Process

  3- Gitlow v New York

  4- Miranda Rights

  5- In loco parentis

  6- Right to a grand jury

• 1- Writ of Habeus Corpus

  2- No Bills of Attainder

  3- No Ex Post Facto laws

  4- Right to a Grand Jury

  5- No self-incrimination

  6- Miranda Rights

• 1- Due Process

  2- Citizenship

  3- Freedom of Speech

  4- Right to a Grand Jury

  5- No self-incrimination

  6- Miranda Rights

What is Jus Soli?

• If your kid is a citizen, then so are you

• "Dirt Law"

• "Law of the Blood"

• "Law of the Soil"

Is wiretapping legal? (Via Katz v US)

• Yes, but only if a search warrant is obtained first

• No, never

• Yes, always

• Sometimes!

8th Amendment is. . .

• You get a lawyer and your rights read to you when arrested

• Right to due process

• Right to a jury

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

When is a warrant not needed?

• It is ALWAYS needed

• - Cars, boats, etc.- Items in plain sight- Probable cause a person has or will commit a crime- Crime committed in the presence of an officer (drunk driving)

• It is NEVER needed

• When a cop wants to steal from you

Is the death penalty constitutional?

• NO

• Yes

What is Hate Speech?

• Being mean online and in person

• Nonverbal expressions using symbols.

• Expression of hatred or bias against a person based on characteristics such as race, sex, religion. 

• Bullying

What is a search warrant?

• Allows police to enter a home or private property to search for specific items.

• Police can search whatever they want, whenever they want

• A cool piece of paper

• Does not allow police to enter a home or private property

Can a religion be state sponsored?

• Yes

• No