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First ten amendments to The Constitution
Bill of Rights First ten amendments to The Constitution
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Read each of the following cases and decide if they violate the Bill of Rights (#1 – 10).
After each case, write the number of the amendment and answer the questions that follow each case with the appropriate phrases. Some Amendments may be used more than once and some may not be used at all.
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1. A man is arrested for armed robbery
1. A man is arrested for armed robbery. After he is told what his charges are, he spends the next three years in prison waiting for his trial. Does he have a right to complain?
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Violates speedy/public trial
YES ! Amendment # 6 Why? Violates speedy/public trial
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2. A man is tried and found not guilty of murder
2. A man is tried and found not guilty of murder. One year later new evidence is discovered indicating the probable guilt of the man. A new trial is ordered. Does this man have to go to trial again?
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Violates double jeopardy
NO ! Amendment # 5 Why? Violates double jeopardy
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3. A newspaper obtains documents that the government wants to keep secret. The newspaper plans to publish the documents, but the government demands that they do not do it. The case goes to court. Who wins and why?
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Freedom of press/speech
Newspaper WINS ! Amendment # 1 Why? Freedom of press/speech
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4. A well-known member of an organized crime syndicate is being tried for loan-sharking and extortion. The district attorney forces him to take the stand and testify. Does this man have to answer any questions?
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Protected because of self-incrimination
NO ! Amendment # 5 Why? Protected because of self-incrimination
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5. It is wartime and the President fears there are spies in Washington, DC. He orders several people arrested and placed in jail until the war is over. Does the President have the right to do this?
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Suspend habeas corpus in wartime
YES ! Amendment # 6 Why? Suspend habeas corpus in wartime
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6. A town needs more land around the local high school
6. A town needs more land around the local high school. A man’s property is needed, but he wants to keep it. The town forces him to sell by giving him twice the property’s actual value. Can this man sue the town in court?
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Gov’t gave him fair price for land
NO ! Amendment # 5 Why? Gov’t gave him fair price for land
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7. A man is arrested in a pool hall for stealing automobiles
7. A man is arrested in a pool hall for stealing automobiles. He asks for a lawyer and the police ignore his request. The case goes to trial and this man is found guilty. In jail, he complains that he did not have a lawyer. What can happen to the trial?
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No assistance of counsel
DISMISSED ! Why? No assistance of counsel
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8. Police agents secretly search the house of a murder suspect and find a pistol. It is used as evidence during the trial. The suspect says the police had no right to search his home. Is the man correct?
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No illegal search/seizure
YES ! Amendment # 4 Why? No illegal search/seizure
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9. A man runs down and accidentally kills a person with his car
9. A man runs down and accidentally kills a person with his car. The district attorney is going to charge him with 1st degree murder which causes the man to be brought to trial. The defense lawyer claims his client is being treated unfairly according to what amendment?
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Amendment #8 ! Why? Excessive punishment
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10. A group of men and women are peacefully marching on the streets of Manhattan in a civil rights protest. The police are called in and told by the mayor to arrest the people on charges of inciting a riot. Are these legitimate charges?
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Freedom of speech/assembly
NO ! Amendment #1 Why? Freedom of speech/assembly
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