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Chapter 4 Government Structure. Do Now Do prisoners deserve rights, why or why not?

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Presentation on theme: "Chapter 4 Government Structure. Do Now Do prisoners deserve rights, why or why not?"— Presentation transcript:

1 Chapter 4 Government Structure

2 Do Now Do prisoners deserve rights, why or why not?

3 Information Amendments continue Quiz this week Project coming

4 Current Events Sandy Hook families sue - suing gun manufacturer that made the type of gun used - How does that work? Northern White Rhino - dies at San Diego zoo - only 5 remaining in the world

5 Do Now Do prisoners deserve rights, why or why not?

6 5 th Amendment – Due Process Based on Magna Carta Deprivation of life, liberty, property without due process of law - government must follow rules - cannot skip trials - law must be fairly applied

7 5 th Amendment – Grand Jury Convened for “notorious” or “infamous” crimes - consist of 12-23 people - decide if an indictment is warranted - determine whether to proceed with prosecution Serves as a check on executive branch agents - police, prosecutors

8 5 th Amendment – Self Incrimination Self-incrimination - may occur through interrogation or interview - cannot be forced to make statements Miranda v Arizona - “Miranda Rights”

9 5 th Amendment – Double Jeopardy Cannot be tried twice for the same crime - this applies at the Federal and State level Jeopardy of life or limb - originally capital cases - applies to all crimes

10 5 th Amendment – Property Rights Personal Property - Is Private property always private? Eminent Domain - private property taken - just compensation - covers all types of property

11 6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

12 6th Amendment Speedy and public trial - cannot be held indefinitely Right to an impartial jury - selection by both sides - change of venue Right to know accusers - question witnesses - bring own witnesses Right to an attorney

13 7 th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

14 7 th Amendment In Federal civil cases… - jury trial for cases valued at more than $20 Rules and procedures - applicable to federal courts State courts differ in practice

15 8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

16 8 th Amendment Excessive bail - definition is loosely interpreted Excessive fines - dependent on crime Cruel and Unusual Punishment - highly debated

17 8 th Amendment – Cruel and Unusual Punishment What does this mean? Should the death penalty be eliminated in the United States as cruel and unusual punishment? (Journal Entry)

18 9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

19 10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

20 10 th Amendment Reserved Powers - Defines powers - Defines Federalism - Defines States Rights and Individual’s rights

21 Amendment wrap up 1.What have you learned about your “expressed” rights written in the Bill of Rights? 2.How did your view on the Amendments covered and your rights differ from your actual rights as defined within the amendment?

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