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government may not infringe on anyone’s fundamental rights

Notifying a person that he or she is accused of wrongdoing and the government intends to take action against that person.

Giving the affected person the right to respond to the accusation.

the right to have a trial that takes place in public

the right to have an attorney

the right not to testify against oneself, among other.

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If the police officer’s safety is at risk the officer can search without a warrant.

If the police have probable cause to believe that a vehicle contains contraband, they may search the entire vehicle.

Police are also allowed to search a person or their belongings if the person voluntarily consents to the search.

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An arrest is considered a seizure under the Fourth Amendment

A person can be arrested under a warrant issued by a judge, or without a warrant if a law enforcement officer has probable cause

probable cause is not needed for an officer to stop and question an individual on the street

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means if a court decides that evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant

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Students have limited Fourth Amendment rights in schools.

New Jersey v. T.L.O. (1985)-  Court ruled that school officials do not need warrants or probable cause to search students or their property.

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police may search everyone without individual suspicion

ex: crossing international borders or passing security at airports

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inappropriate use of race as a factor in identifying people who may break or have broken the law

this is a huge controversial issue right now

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confession cannot be used in court if it is not voluntary and trustworthy

example: using physical force, torture, or threats to force a person to confess

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The right to remain silent. Any statement made may be used as evidence against the defendant.

The right to the presence of an attorney, either hired by the defendant or appointed by the court.

These are meant to be read at the time of arrest

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the judge or jury must regard the defendant as innocent until the government proves that he or she is guilty

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Defendants in felony criminal cases in all state and federal courts have a right to a jury trial

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Sixth Amendment provides that any accused have the right to have legal assistance

if they can not afford one, the government provides one

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Sixth Amendment provides a right to a speedy and public trial in all criminal cases.

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provides people accused of crimes with the right to confront the witnesses against them and to ask them questions by way of cross-examination

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you cannot be forced to testify against yourself in a criminal trial

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young people under age 17 are prosecuted in juvenile courts

in certain circumstances, they may be tried as an adult

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a judge usually decides the sentence, or punishment

examples: prison, a fine, community service, or probation

ex post facto clause-government can not punish anyone for doing something that was not a crime when the act was committed

Disproportionate Incarceration- challenges the basic assumption that everyone receives equal justice under the law

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Eighth Amendment prohibits cruel and unusual punishment.

Three-Strikes Laws- typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time.

it is now ruled unconstitutional

Capital Punishment - aka death penalty, as of 2013 18 states have abolished death penalty.

If a defendant believes he or she was wrongly convicted, the defendant can appeal the decision to a higher court.

Habeas Corpus- asking the court to determine whether his or her imprisonment is unlawful