4th -8th Amendment

Match the following amendments

• 4th Amendment

• The right to a Speedy Trial by jury, and representation by an attorney for an accused person. 1791

• 7th Amendment

• no cruel and unusual punishment. 1791

• 6th Amendment

• The Right to Remain Silent, no Double Jeopardy, right to due process. and establishes eminent domain 1791

• 8th Amendment

• Right to a trial by jury in civil cases. 1791

• 5th Amendment

• Protection against Unreasonable Search and Seizure. 1791

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

• By allowing law enforcement to conduct searches based on anonymous tips without any evidence

• By requiring law enforcement to obtain a warrant based on suspicion before conducting a search or seizure

• By allowing law enforcement to conduct searches without any restrictions

• 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.

What is the purpose of the 4th amendment?

• To regulate the use of firearms

• To promote freedom of speech

• To protect against unreasonable searches and seizures

• To establish a national religion

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

• Arbitrary Rule
• Supremacy Rule
• Exclusionary Rule
• Due Process

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.

When does the exclusionary rule apply?

• when information pertaining to the evidence needs to be documented

• when the 4th Amendment was honored

• when the court finds an illegal search occurred

• when a suspect, who is friends with the judge, has been seized

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

• Due Process (fair)

• 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.

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

• Due Process (fair)

• 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.

Assigning a free lawyer to somebody who could not afford one

• Due Process (fair)

• Not Due Process (arbitrary not 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.

A person's case takes 6 years to get started

• Due Process (fair)

• 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.

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

• It can't; it's your property.

• It can, and you just have to accept it.

• It can, but you will be compensated.

• It can't because parks are not allowed by the Constitution.

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.