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AMENDMENTS The Bill of Rights. THE BILL OF RIGHTS First 10 amendmentFirst 10 amendment Added to Constitution in 1791Added to Constitution in 1791.

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Presentation on theme: "AMENDMENTS The Bill of Rights. THE BILL OF RIGHTS First 10 amendmentFirst 10 amendment Added to Constitution in 1791Added to Constitution in 1791."— Presentation transcript:

1 AMENDMENTS The Bill of Rights

2 THE BILL OF RIGHTS First 10 amendmentFirst 10 amendment Added to Constitution in 1791Added to Constitution in 1791

3 1 st AMENDMENT FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY, & PETITION RELIGION: RIGHT TO WORSHIP AS ONE PLEASES OR TO HAVE NO RELIGIONRIGHT TO WORSHIP AS ONE PLEASES OR TO HAVE NO RELIGION

4 SEPARATION OF CHURCH & STATE:SEPARATION OF CHURCH & STATE: ---GOVT WILL NOT FAVOR ONE RELIGION OVER ANOTHER ---NO OFFICIAL STATE RELIGION ---NO OFFICIAL STATE RELIGION

5 ESTABLISHMENT CLAUSEESTABLISHMENT CLAUSE ---GOVERNMENT CANNOT MAKE A LAW ESTABLISHING A STATE RELIGION FREE EXERCISE CLAUSEFREE EXERCISE CLAUSE ---GOVT CANNOT MAKE A LAW PROHIBITING FREE EXERCISE – RIGHT TO WORSHIP AS ONE PLEASES

6 SPEECH AND PRESS PEOPLE HAVE THE RIGHT TO FREELY EXPRESS THEIR OPINIONS – VERBALLY & WRITTEN

7 FREEDOM FROM PRIOR RESTRAINT GOVERNMENT CANNOT CENSOR AMERICAN PRESS FROM PRINTING INFORMATION BEFORE IT IS PUBLISHED OR BROADCASTGOVERNMENT CANNOT CENSOR AMERICAN PRESS FROM PRINTING INFORMATION BEFORE IT IS PUBLISHED OR BROADCAST EXCEPTION---NATIONAL SECURITYEXCEPTION---NATIONAL SECURITY

8 NATIONAL SECURITY !

9 SLANDER FALSE SPEECH INTENDED TO DAMAGE A PERSONS REPUTATIONFALSE SPEECH INTENDED TO DAMAGE A PERSONS REPUTATION

10 LIBEL FALSE WRITTEN OR PUBLISHED STATEMENTS INTENDED TO DAMAGE A PERSONS REPUTATIONFALSE WRITTEN OR PUBLISHED STATEMENTS INTENDED TO DAMAGE A PERSONS REPUTATION

11 YOU ARE NOT PROTECTED WHEN YOU ENDANGER OUR NATIONS SAFETY BY GIVING AWAY MILITARY SECRETS OR CALL FOR THE VIOLENT OVERTHROW OF THE GOVERNMENT

12 FREEDOM OF ASSEMBLY PEOPLE MAY ASSEMBLE PEACEFULLY & IN ACCORDANCE TO THE LAW

13 FREEDOM OF PETITION RIGHT TO SIGN PETITIONS IN SUPPORT OF AN IDEA, PRESENT PETITIONS TO GOVT OFFICIALS, & SEND LETTERS TO THOSE OFFICIALS

14 2 ND AMENDMENT RIGHT TO KEEP AND BEAR ARMS

15

16 BRADY BILL PROVIDES A WAITING PERIOD & AN INSTANT BACKGROUND CHECK BEFORE PURCHASE OF HANGGUN

17 3 RD AMENDMENT PROHIBITS THE GOVT FROM FORCING CITIZENS TO QUARTER OR HOUSE SOLDIERS

18 4 TH AMENDMENT PROTECTS RIGHT TO PRIVACY PROBABLE CAUSE – REASONABLE SUSPICION POLICE MUST HAVE A REASONABLE BASIS TO BELIEVE THE PERSON OR PREMISES IS LINKED TO A CRIMEPOLICE MUST HAVE A REASONABLE BASIS TO BELIEVE THE PERSON OR PREMISES IS LINKED TO A CRIME

19 SEARCH/ARREST WARRANT ORDERS SIGNED BY A JUDGE DESCRIBING A SPECIFIC PLACE TO BE SEARCHED FOR SPECIFIC ITEMS ORDESCRIBING A SPECIFIC PLACE TO BE SEARCHED FOR SPECIFIC ITEMS OR NAMING THE INDIVIDUAL TO BE ARRESTED FOR A SPECIFIC CRIME NAMING THE INDIVIDUAL TO BE ARRESTED FOR A SPECIFIC CRIME

20 EXCLUSIONARY RULE EVIDENCE GAINED ILLEGALLY CANNOT BE USEDEVIDENCE GAINED ILLEGALLY CANNOT BE USED

21 5 TH AMENDMENT PROTECTS PEOPLE ACCUSED OF CRIMES AND DEFINES THE RIGHT OF EMINENT DOMAIN

22 DUE PROCESS EVERYONE TREATED FAIRLY ACCORDING TO THE LAW – GOVT MUST FOLLOW PROPER PROCEDURES

23 HABEAS CORPUS COURT ORDER TO BRING PRISONER BEFORE THE COURT & DETAINING OFFICER MUST SHOW CAUSE FOR WHY PRISONER SHOULD NOT BE RELEASEDCOURT ORDER TO BRING PRISONER BEFORE THE COURT & DETAINING OFFICER MUST SHOW CAUSE FOR WHY PRISONER SHOULD NOT BE RELEASED CANNOT HOLD OVER 24 HOURS WITHOUT THIS.CANNOT HOLD OVER 24 HOURS WITHOUT THIS.

24 EX POST FACTO AFTER THE FACT – CANNOT CHARGE A PERSON FOR AN ACT THAT WAS DONE BEFORE THE ACT WAS ACTUALLY A CRIMEAFTER THE FACT – CANNOT CHARGE A PERSON FOR AN ACT THAT WAS DONE BEFORE THE ACT WAS ACTUALLY A CRIME

25 SELF - INCRIMINATION NO ONE MAY BE FORCED TO TESTIFY AGAINST HIMSELF OR HERSELFNO ONE MAY BE FORCED TO TESTIFY AGAINST HIMSELF OR HERSELF PLEAD THE FIFTHPLEAD THE FIFTH

26 SELF INCRIMINATION ALSO APPLIES TO WHEN A PERSON IS QUESTIONED MIRANDA RIGHTS STATEMENT MUST BE READ TO ACCUSED WHEN ARRESTEDSTATEMENT MUST BE READ TO ACCUSED WHEN ARRESTED YOU HAVE THE RIGHT TO ….YOU HAVE THE RIGHT TO ….

27 GRAND JURY DECIDES WHETHER THERE IS ENOUGH EVIDENCE FOR A TRIAL AGAINST THE ACCUSED

28 DOUBLE JEOPARDY PERSON MAY NOT BE TRIED TWICE FOR SAME CRIME IF FOUND INNOCENT THE 1 ST TIME

29 EXCEPTIONS!!!! CIVIL SUITCIVIL SUIT FEDERAL & STATE CRIMEFEDERAL & STATE CRIME BRIAN NICHOLS

30 EMINENT DOMAIN GOVT CAN TAKE PRIVATE PROPERTY FOR PUBLIC USE BUT MUST PAY A FAIR PRICE

31 6 th amendment RIGHTS OF THE ACCUSED

32 PROTECTS THE RIGHTS OF THE ACCUSED IN A TRIAL RIGHT TO: AN ATTORNEYAN ATTORNEY SPEEDY, PUBLICSPEEDY, PUBLIC TRIAL IN STATE TRIAL IN STATE WHERE CRIME WHERE CRIME WAS COMMITTED WAS COMMITTED

33 TRIAL BY IMPARTIAL JURYTRIAL BY IMPARTIAL JURY CONFRONTCONFRONT HOSTILE HOSTILE WITNESSES WITNESSES SUBPOENASUBPOENA WITNESSES WITNESSES IN YOUR FAVOR IN YOUR FAVOR

34 CHANGE OF VENUE TRIAL MAY BE HELD IN ANOTHER PART OF THE STATE IF DEFENDANT CANNOT GET A FAIR TRIAL IN THE PLACE WHERE THE CRIME WAS COMMITTED

35 7 TH AMENDMENT RIGHT TO FEDERAL TRIAL & JURY IN CIVIL CASE (OVER $20 )

36 CIVIL CASE – DISPUTE BETWEEN PRIVATE PARTIES OR BETWEEN THE GOVT & PRIVATE PARTIES

37 8 TH AMENDMENT CRUEL & UNUSUAL PUNISHMENT IS NOT ALLOWED, NOR IS EXCESSIVE BAIL OR FINES

38 BAIL SUM OF MONEY THAT ACCUSED POSTS TO BE FREE UNTIL TRIALSUM OF MONEY THAT ACCUSED POSTS TO BE FREE UNTIL TRIAL GUARANTEES APPEARANCEGUARANTEES APPEARANCE

39 9 TH AMENDMENT PEOPLE HAVE OTHER RIGHTS THAT ARE NOT LISTED IN THE CONSTITUTION

40 10 TH AMENDMENT POWERS NOT GIVEN TO THE FEDERAL GOVT IN THE CONSTITUTION & THOSE NOT FORBIDDEN TO THE STATES, BELONG TO THE STATES (RESERVED RIGHTS OR POWERS)


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