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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

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