Chapter 4,Section 2 The Bill of Rights

Main Idea In addition to important civil liberties protected by the 1st Amendment, the other 9 amendments guarantee the right to fair legal treatment, and well as other freedoms. In addition to important civil liberties protected by the 1st Amendment, the other 9 amendments guarantee the right to fair legal treatment, and well as other freedoms.

I. Protecting the Rights of the Accused ( ) The 4th, 5th, 6th, and 8th Amendments protect the rights of accused people A. The 4th, 5th, 6th, and 8th Amendments protect the rights of accused people 4th Amendment protects against unreasonable searches and seizures. If police believe you have committed a crime, they can ask judge for search warrant. B. 4th Amendment protects against unreasonable searches and seizures. If police believe you have committed a crime, they can ask judge for search warrant.

Search Warrant- Court order allowing law officials to search suspect’s home or business to take evidence. C. Search Warrant- Court order allowing law officials to search suspect’s home or business to take evidence.

The 5th Amendment D. The 5th Amendment States that no one can be put on trial for a serious federal crime without an indictment. 1. States that no one can be put on trial for a serious federal crime without an indictment. Indictment- a formal charge by a group of citizens called a grand jury, who review the evidence. 2. Indictment- a formal charge by a group of citizens called a grand jury, who review the evidence. ***Indictment does not mean you ARE guilty, it indicates you MAY be guilty.*** (a trial is needed to find out)

Protects against double jeopardy. 3. Protects against double jeopardy. Double Jeopardy- Someone tried and found not guilty may not be put on trial again for the same crime. 4. Double Jeopardy- Someone tried and found not guilty may not be put on trial again for the same crime. Protects accused person’s right to remain silent. This prevents a person from being threatened or tortured into confession. 5. Protects accused person’s right to remain silent. This prevents a person from being threatened or tortured into confession. “Plead the 5 th ” *** AKA MIRANDA RIGHTS!***

States that no one may be denied life, liberty, or property without due process. 6. States that no one may be denied life, liberty, or property without due process. Due Process- the use of established legal procedures. 7. Due Process- the use of established legal procedures. Limits Eminent Domain- the right of government to take private property for public use 8. Limits Eminent Domain- the right of government to take private property for public use

6th Amendment requires accused people held to be informed of the charges against them. E. 6th Amendment requires accused people held to be informed of the charges against them. Guarantees trial by jury (unless accused chooses judge instead) 1. Guarantees trial by jury (unless accused chooses judge instead) Right to fair and speedy & public trial 2. Right to fair and speedy & public trial Right to hear and question witnesses in their own defense. 3. Right to hear and question witnesses in their own defense. Right to a lawyer 4. Right to a lawyer

***Before their trial, accused may stay in jail, or pay (a security deposit). Bail IS returned if the person comes to court for trial but is forfeited if the person does not show.*** ***Before their trial, accused may stay in jail, or pay bail (a security deposit). Bail IS returned if the person comes to court for trial but is forfeited if the person does not show.*** Bail is set by a judge Bail is set by a judge 8th Amendment- forbids cruel and unusual punishment, excessive fines. I. 8th Amendment- forbids cruel and unusual punishment, excessive fines. ***Punishment must fit severity of the crime!!!*** ***Punishment must fit severity of the crime!!!***

II. Protecting Other Rights ( ) The 2nd Amendment -often debated. Right to bear arms. Some believe it only allows states to keep an armed militia, or local army. Others think it guarantees all citizens the right to bear and keep arms. A. The 2nd Amendment -often debated. Right to bear arms. Some believe it only allows states to keep an armed militia, or local army. Others think it guarantees all citizens the right to bear and keep arms. ***Generally, the government can pass laws that control but do not prevent possession of weapons.***

3rd Amendment- says that soldiers may not move into private homes without the owners’ consent (think colonial times) B. 3rd Amendment- says that soldiers may not move into private homes without the owners’ consent (think colonial times) 7th Amendment C. 7th Amendment 1. Right to a trial by a jury in civil cases in federal court. in federal court. - Civil Cases- law suits involving disagreements among people rather than crimes (Judge Judy!) ***Right to trial by jury if case involves more than 20 dollars***

D. 9th Amendment- says that citizens have other rights beyond those in the Constitution. “Insurance of rights” E. 10th Amendment- says that any powers the Constitution does not specifically given to national government are reserved for the people and states. ***Prevents Congress and the President from being TOO strong!***

Mini Quiz!!! Blind Melon- No Rain Mini Quiz!!! Blind Melon- No Rain 1. What 5 things are protected by the 5 th Amendment? 2. What is Cruel and Unusual Punishment? What Amendment bans it? 3. If you are going to civil court, what is the lowest amount of money possible for your case to have a jury? 4. The 2 nd Amendment gives us what right? 5. What is Eminent Domain?