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Social Studies 7Civics
CH 4.2: OTHER BILL OF RIGHTS PROTECTIONS
RIGHTS OF THE ACCUSED
RIGHTS OF THE ACCUSED
A. The First Amendment protects five basic _________________ for all Americans.
freedoms
RIGHTS OF THE ACCUSED
B. Equally precious, however, is the right to fair __________________ in the legal system.
treatment
RIGHTS OF THE ACCUSED
C. This is the subject of other parts of the Bill of Rights. The ________, _____________, __________, and ____________ Amendments protect the rights of the _____________, which are people officially charged with crimes.
4th5th 6th8th
accused
THE FOURTH AMENDMENT
THE FOURTH (4TH) AMENDMENT
A.The ______________ Amendment protects us against “unreasonable searches and seizures.”
Fourth (4th)
THE FOURTH (4TH) AMENDMENT
B. No officer of the government can search a person’s ______________ or take his or her _________________ at will.
propertypossessions
THE FOURTH (4TH) AMENDMENT
C. The officer must have ___________________, or strong reasons to think that the person or property was involved in a crime.
probable cause
THE FOURTH (4TH) AMENDMENT
D. When law enforcement officers want to do a search for evidence, they must first get ________________. approval
THE FOURTH (4TH) AMENDMENT
E. They must ask a judge to issue a __________________. This court order allows officers to search a suspect’s home, business, or other property and take certain items as _________________.
search warrant
evidence
THE FOURTH (4TH) AMENDMENT
F. Only items ___________ in the warrant can be taken.
listed
THE FOURTH (4TH) AMENDMENT
G. Judges do not give out search warrants easily. They must be ___________________ that a search is likely to yield evidence.
convinced
THE FIFTH AMENDMENT
THE FIFTH (5TH) AMENDMENT
A.The Fifth Amendment protects several rights of an accused person. First, it states that no one can be tried for a serious crime without an ___________________.indictment
THE FIFTH (5TH) AMENDMENT
B. An indictment is a document issued by a body called a ______________ that formally charges someone with a crime.
grand jury
THE FIFTH (5TH) AMENDMENT
C. Members of the grand jury first review all the ___________ against an accused person before deciding to indict him or her.
evidence
THE FIFTH (5TH) AMENDMENT
D. Someone who is indicted is not necessarily _____________. This document simply states the grand jury’s ______________ that he or she may have carried out a __________.
guilty
beliefcrime
THE FIFTH (5TH) AMENDMENT
E. A ___________ will decide whether he or she did, in fact, commit a crime.
trial
Double Jeopardy
THE FIFTH (5TH) AMENDMENT
F. The Fifth Amendment prevents putting people on trial more than ____________ for the same crime.
once
THE FIFTH (5TH) AMENDMENT
G. Putting someone on trial for a crime of which he or she was previously found innocent is called ______________________. The Fifth Amendment blocks the government from that action.
double jeopardy
Self
Incrimination
THE FIFTH (5TH) AMENDMENT
H. The Fifth Amendment also protects an accused person’s right to remain __________.silent
THE FIFTH (5TH) AMENDMENT
I. Throughout history, governments have sometimes ____________ people to confess to crimes they did not really commit.
forced
THE FIFTH (5TH) AMENDMENT
J To prevent this, the Fifth Amendment states that people cannot be made to ___________ against themselves.
testify
THE FIFTH (5TH) AMENDMENT
K. This protects them against ___________________.self incrimination
Due
Process
THE FIFTH (5TH) AMENDMENT
L. The Fifth Amendment states that no one may be denied _________, _____________, or ___________ “without due process of law.”
life libertyproperty
THE FIFTH (5TH) AMENDMENT
M. ____________________ means following set legal procedures. It includes the idea that the laws to be followed must be reasonable.
Due Process
Eminent domain
THE FIFTH (5TH) AMENDMENT
N. Finally, the Fifth Amendment protects property rights. It limits the government’s power of _________________.eminent domain
THE FIFTH (5TH) AMENDMENT
O. ____________________ is the government’s right to take ______________ property—usually land—for ____________ use.
Eminent Domain
privatepublic
THE FIFTH (5TH) AMENDMENT
P. For example, if your home lies in the path of a proposed highway, it may be legally _____________ and ______________.
takendestroyed
THE FIFTH (5TH) AMENDMENT
Q. The Fifth Amendment limits this power. It requires the government to pay a _______________ price for the property.reasonable
THE SIXTH AMENDMENT
THE SIXTH (6TH) AMENDMENT
A. The Sixth Amendment guarantees other rights to the ______________.accused
THE SIXTH (6TH) AMENDMENT
B. First, it requires that persons be clearly told what the _______________ against them are.
charges
THE SIXTH (6TH) AMENDMENT
C. The Sixth Amendment also covers _____________.trials
THE SIXTH (6TH) AMENDMENT
D. It requires that the accused be allowed a trial by _________, although he or she may choose to be tried by only a _____________.
jury
judge
THE SIXTH (6TH) AMENDMENT
E. If the person asks for a jury trial, that trial must be ___________ and held in ____________.
speedypublic
THE SIXTH (6TH) AMENDMENT
F. In addition, the jurors must be __________.fair
THE SIXTH (6TH) AMENDMENT
G. If possible, the trial should be held in the ____________ where the crime took place.
community
THE SIXTH (6TH) AMENDMENT
H. An accused person has the right to hear and question all ______________ against him or her.
witnesses
THE SIXTH (6TH) AMENDMENT
I. He or she must be allowed to call witnesses in ________.defense
THE SIXTH (6TH) AMENDMENT
J. Finally, he or she has the right to a _____________.lawyer
THE SIXTH (6TH) AMENDMENT
K. The Supreme Court has said that when an accused cannot ___________ a lawyer, the government must _______ for one.
affordpay
THE EIGHTH AMENDMENT
THE EIGHTH (8TH) AMENDMENT
A. Sometimes ___________ can pass before a trial can be held.
months
THE EIGHTH (8TH) AMENDMENT
B. During that time, the accused may have the choice to remain ___________ by paying bail.
free
THE EIGHTH (8TH) AMENDMENT
C. ___________ is a sum of money used as a security deposit. In exchange for being let out of jail, the person pays the sum and promises to appear at the trial.
Bail
THE EIGHTH (8TH) AMENDMENT
D. When the accused comes to court for the trial, the bail is _____________.returned
THE EIGHTH (8TH) AMENDMENT
E. If the person fails to ___________, he or she loses the money.
appear
THE EIGHTH (8TH) AMENDMENT
F. A __________ decides how much bail a person must pay.
judge
THE EIGHTH (8TH) AMENDMENT
G. The Eighth Amendment, however, forbids “___________” bail—that is, an amount that is much too high.
excessive
THE EIGHTH (8TH) AMENDMENT
H. Excessive does not just refer to what a person is _________ to pay. able
THE EIGHTH (8TH) AMENDMENT
I. In setting bail, a judge weighs several matters. These include the _________ of crime committed, the ___________ of the accused person, and the ______________ that he or she will appear in court.
typerecord
likelihood
THE EIGHTH (8TH) AMENDMENT
J. Sometimes judges __________ bail. They do so when they think the accused will try to __________, or escape, rather than show up for the trial.
deny
flee
THE EIGHTH (8TH) AMENDMENT
K. When a person is found guilty of a crime, the Eighth Amendment protects him or her from punishment that is too ___________. It also bars fines from being too __________.
harshhigh
THE EIGHTH (8TH) AMENDMENT
L. This amendment also ____________ “cruel and unusual punishments.”
forbids
THE EIGHTH (8TH) AMENDMENT
M. Americans have long debated what punishments are cruel and unusual. Many agree that punishment should ______ the crime committed.
fit
THE EIGHTH (8TH) AMENDMENT
N. For example, a sentence of life _________________ for stealing a loaf of bread would be too harsh.
imprisonment
THE EIGHTH (8TH) AMENDMENT
O. People disagree strongly, though, about whether the __________ penalty is cruel and unusual punishment.
death
ADDITIONAL PROTECTIONS
ADDITIONAL PROTECTIONS
A. When the Founders wrote the Bill of Rights, they remembered the events that had led to the _______________________. Revolutionary War
ADDITIONAL PROTECTIONS
B. They felt that certain actions taken by the British government were ____________ of power. abuses
ADDITIONAL PROTECTIONS
A.C. The Founders wanted to _______________ the American government from taking such actions.
prevent
THE SECOND AMENDMENT
THE SECOND (2ND) AMENDMENT
A. The Second Amendment says this: “A well regulated __________ being necessary to the ______________ of a free State, the right of the people to ___________ and __________ Arms shall not be infringed.”
Militiasecurity
keep bear
THE SECOND (2ND) AMENDMENT
B. When the Second Amendment was written, a state’s militia was made up of a small ___________ of people who served as _____________ when needed.
army
soldiers
THE SECOND (2ND) AMENDMENT
C. People have long debated what ____________, exactly, this amendment protects.
rights
A.D. In __________ the Supreme court commented on the Second Amendment. The Court stated that the Second Amendment means that __________________ have a constitutional right to keep _______________ in their homes for personal safety.
THE SECOND (2ND) AMENDMENT2008
individualsfirearms
THE SECOND (2ND) AMENDMENT
A.E. Courts have generally ruled that the government can pass laws to ____________ gun ownership.
control
THE SECOND (2ND) AMENDMENT
A.F. For example, federal and state governments can spell out who can have a ____________ to own firearms.
license
THE THIRD AMENDMENT
THE THIRD (3RD) AMENDMENT
A. In the years before the American Revolution, the British required colonists to ____________ British soldiers in their own homes and feed them.
shelter
THE THIRD (3RD) AMENDMENT
B. The Third Amendment _________ that practice in peacetime.
bans
THE THIRD (3RD) AMENDMENT
A.C. It says that, when there is no war, soldiers may not _________ in people’s homes without _________________ of the home owner.
staypermission
THE SEVENTH AMENDMENT
THE SEVENTH (7TH) AMENDMENT
A. The Seventh Amendment concerns __________ cases.civil court
THE SEVENTH (7TH) AMENDMENT
B. Civil cases are lawsuits that arise when people’s rights are in ______________.conflict
THE SEVENTH (7TH) AMENDMENT
C. The amendment ______________ the right to a jury trial in most of these disputes heard in the federal courts.
guarantees
THE SEVENTH (7TH) AMENDMENT
D. This guarantee specifically applies to disputes about property worth more than ________.$20
THE SEVENTH (7TH) AMENDMENT
E. Today, however, nearly all such disputes involve sums larger than ___________. As a result, this requirement of the amendment is almost always met.
$20
THE SEVENTH (7TH) AMENDMENT
F. The Seventh Amendment also sets separate roles for ______________ and _________ in these cases.
judgesjuries
THE SEVENTH (7TH) AMENDMENT
G. The judge has the duty to solve issues of _________.law.
THE SEVENTH (7TH) AMENDMENT
H. For example, a judge determines whether or not certain evidence is _____________. permissible
THE SEVENTH (7TH) AMENDMENT
I. The jury is to listen to _____________ and consider the __________ presented.
evidencefacts
THE SEVENTH (7TH) AMENDMENT
J. From this information, the jury must then draw reasonable conclusions to reach a ___________, or decision. verdict
THE SEVENTH (7TH) AMENDMENT
K. If both parties in a conflict __________, the trial can be held without a jury.
agree
THE SEVENTH (7TH) AMENDMENT
L. When this happens, a judge hears the evidence and __________ the case.decides
THE NINTH AMENDMENT
THE NINTH (9TH) AMENDMENT
A. The Ninth Amendment states that all other rights not spelled out in the Constitution are ____________ or kept, by the people.
retained
THE NINTH (9TH) AMENDMENT
B. This amendment prevents the government from claiming that the _________ rights people have are those listed in the Bill of Rights.
only
THE NINTH (9TH) AMENDMENT
C. The Ninth Amendment makes it clear that citizens have other rights ______________ those listed in the Constitution, and they may not be taken away.
beyond
THE TENTH AMENDMENT
THE TENTH (10TH) AMENDMENT
A. The last amendment in the Bill of Rights did not _______ anything to the ratified Constitution.
add
THE TENTH (10TH) AMENDMENT
B. Instead, the Tenth Amendment recognizes that the power of the federal government is ____________.limited
THE TENTH (10TH) AMENDMENT
C. The Tenth Amendment states that any powers the Constitution does not specifically give to the ___________ government belong to the ___________ or the people.
federalstates
THE TENTH (10TH) AMENDMENT
D. The amendment expresses the idea that the federal government is limited in _____________.power
THE TENTH (10TH) AMENDMENT
E. In this way, the amendment is intended to prevent Congress and the president from becoming too ___________.strong
THE TENTH (10TH) AMENDMENT
F. The government of the United States can have only the powers the people _________ it.give