1.27 - American Criminal Justice System - Amendments
star
star
star
star
star
Last updated over 3 years ago
6 questions
1
Amendment 4 ensures protection from unreasonable searches and seizures by stating “the right of people to be secure in their persons, houses, papers, and effects…and no warrants shall issue but upon probable cause.”
Scenario #1A man and his companion are approached on a street by an officer because the officer thinks the man looks like a person for whom there is an outstanding arrest warrant. While the officer is questioning the man, the companion turns and runs, throwing away a matchbox. Is the search of the matchbox legal without a Warrent?
Is this search legal? Why or Why Not?
Amendment 4 ensures protection from unreasonable searches and seizures by stating “the right of people to be secure in their persons, houses, papers, and effects…and no warrants shall issue but upon probable cause.”
Scenario #1
A man and his companion are approached on a street by an officer because the officer thinks the man looks like a person for whom there is an outstanding arrest warrant. While the officer is questioning the man, the companion turns and runs, throwing away a matchbox. Is the search of the matchbox legal without a Warrent?
Is this search legal? Why or Why Not?
1
Amendment 4 ensures protection from unreasonable searches and seizures by stating “the right of people to be secure in their persons, houses, papers, and effects…and no warrants shall issue but upon probable cause.”
Scenario #2An officer stops an automobile driven by a woman because it has no license plate. The officer observes drug paraphernalia on the back seat and sees the driver's companion hand her something which she puts in her purse. After arresting the driver for possession of drug paraphernalia.
Is this search legal? Why or Why Not?
Amendment 4 ensures protection from unreasonable searches and seizures by stating “the right of people to be secure in their persons, houses, papers, and effects…and no warrants shall issue but upon probable cause.”
Scenario #2
An officer stops an automobile driven by a woman because it has no license plate. The officer observes drug paraphernalia on the back seat and sees the driver's companion hand her something which she puts in her purse. After arresting the driver for possession of drug paraphernalia.
Is this search legal? Why or Why Not?
1
Amendment 5 states that no American will be “deprived of life, liberty, or property without due process of the law.” This is why an elaborate justice system exists throughout our country: in order to ensure “due process” for individuals.
Due process refers to our right in this country to be treated fairly through the use of certain procedures if we are accused of a crime (such as use of the Miranda Rights warning as seen on TV crime dramas). Every government action dealing with the public has a proper process that the government must use to do almost anything – arresting someone, searching a person’s property, taking a person’s land, changing zoning requirements, etc. Due process refers to the proper process or procedure that ensures that the government acts fairly when dealing with its citizens.
With a partner, Brainstorm a list of three (3) examples when a person is denied due process. Think of three different alleged crimes.
Example: Mr. Adedapo is accused of cheating on his final exam to become a Principal and immediately kicked out of his Master's Degree Program without having a chance to tell his side of the story.
Amendment 5 states that no American will be “deprived of life, liberty, or property without due process of the law.” This is why an elaborate justice system exists throughout our country: in order to ensure “due process” for individuals.
Due process refers to our right in this country to be treated fairly through the use of certain procedures if we are accused of a crime (such as use of the Miranda Rights warning as seen on TV crime dramas). Every government action dealing with the public has a proper process that the government must use to do almost anything – arresting someone, searching a person’s property, taking a person’s land, changing zoning requirements, etc. Due process refers to the proper process or procedure that ensures that the government acts fairly when dealing with its citizens.
With a partner, Brainstorm a list of three (3) examples when a person is denied due process. Think of three different alleged crimes.
Example: Mr. Adedapo is accused of cheating on his final exam to become a Principal and immediately kicked out of his Master's Degree Program without having a chance to tell his side of the story.
1
Amendment 6 concerns the rights of accused people in criminal cases. It not only gives Americans “the right to a speedy and public trial by an impartial jury”, but also states that people will “have the assistance of counsel”. All people accused of a crime have a right to a lawyer. If they cannot afford to hire a lawyer, the government will provide a lawyer for them. These lawyers are called public defenders.
State v. Jasper MadisonJasper Madison had never been in trouble before. At age 16, he lived with his mother and attended the local high school. One day, Jasper borrowed a cell phone from his mother. After school, Jasper and his friend Franklin Adams began playing with the phone. Franklin took the phone from Jasper and typed an obscene text message and sent it to the school Principal. Franklin typed the text message using the phone’s keypad. The message was childish, rude, and obscene. Franklin sent the message while Jasper held the phone and laughed nervously at what his friend was doing.
The Principal was not amused and called the police. The police tracked the telephone number back to Jasper and he was arrested at school. In the middle of English class, he was handcuffed and marched to the police station. The police did not call his mother, or tell any other family member. Jasper was not told the charges on which he was arrested. That first night Jasper slept on the hard mattress in the local juvenile facility.
The next day, Jasper appeared before a juvenile judge. He did not speak to a lawyer. Jasper’s mother arrived, but did not participate in the hearing. She was handed a piece of paper listing “unlawful communication of obscene messages” as the charge against Jasper. The Principal did not show up at the hearing. The text message was not reviewed by the judge. The judge questioned Jasper about the text message. Jasper admitted it was his phone, and he was present while Franklin typed the messages. After Jasper answered the judge’s questions, the judge found him guilty. There was no recording of what happened in the courtroom.
Jasper was sentenced to spend one year in the State Juvenile Detention Facility. Jasper was told he could not appeal.
1) Does what happened to Jasper seem fair? Why or why not?
2) If you were Jasper, what would you want to happen? Who should he get to talk to? What informationshould he have been given?
3) If you think it was unfair, why do think it was unfair?
Amendment 6 concerns the rights of accused people in criminal cases. It not only gives Americans “the right to a speedy and public trial by an impartial jury”, but also states that people will “have the assistance of counsel”. All people accused of a crime have a right to a lawyer. If they cannot afford to hire a lawyer, the government will provide a lawyer for them. These lawyers are called public defenders.
State v. Jasper Madison
Jasper Madison had never been in trouble before. At age 16, he lived with his mother and attended the local high school. One day, Jasper borrowed a cell phone from his mother. After school, Jasper and his friend Franklin Adams began playing with the phone. Franklin took the phone from Jasper and typed an obscene text message and sent it to the school Principal. Franklin typed the text message using the phone’s keypad. The message was childish, rude, and obscene. Franklin sent the message while Jasper held the phone and laughed nervously at what his friend was doing.
The Principal was not amused and called the police. The police tracked the telephone number back to Jasper and he was arrested at school. In the middle of English class, he was handcuffed and marched to the police station. The police did not call his mother, or tell any other family member. Jasper was not told the charges on which he was arrested. That first night Jasper slept on the hard mattress in the local juvenile facility.
The next day, Jasper appeared before a juvenile judge. He did not speak to a lawyer. Jasper’s mother arrived, but did not participate in the hearing. She was handed a piece of paper listing “unlawful communication of obscene messages” as the charge against Jasper. The Principal did not show up at the hearing. The text message was not reviewed by the judge. The judge questioned Jasper about the text message. Jasper admitted it was his phone, and he was present while Franklin typed the messages. After Jasper answered the judge’s questions, the judge found him guilty. There was no recording of what happened in the courtroom.
Jasper was sentenced to spend one year in the State Juvenile Detention Facility. Jasper was told he could not appeal.
1) Does what happened to Jasper seem fair? Why or why not?
2) If you were Jasper, what would you want to happen? Who should he get to talk to? What information
should he have been given?
3) If you think it was unfair, why do think it was unfair?
1
Amendment 8 is about punishment or sentencing. The amendment declares “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The final phrase of the amendment has been controversial and litigated throughout our history, most notably in cases where the punishment involves the death penalty.
Excessive Bail When a person is arrested for a crime, the judge may set a price the person can pay in order to be set free while they are awaiting their trial. This price is called "bail." Bail money is returned to the person after the trial is over. The price is set based on the seriousness of the crime and the risk that the person may run away. This part of the amendment assures that the bail will not be set so high that no one could possibly pay it. This would be the same as denying bail altogether.
Excessive Fines Sometimes people or organizations are charged fines by the government as punishment for crimes. This part of the amendment says that the fines shouldn't be excessive. This generally means that the fines shouldn't be out of proportion with the type of crime committed. For example, charging a $1 million fine for littering.
Google Search: 1) What is the fine for Possesion of Marijuana in Chicago? (Make sure the date is current)2) Find a graph that shows marijuana fines from the 1980's to the 2015 + Give a summary of what the chart explains.
Amendment 8 is about punishment or sentencing. The amendment declares “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The final phrase of the amendment has been controversial and litigated throughout our history, most notably in cases where the punishment involves the death penalty.
Excessive Bail
When a person is arrested for a crime, the judge may set a price the person can pay in order to be set free while they are awaiting their trial. This price is called "bail." Bail money is returned to the person after the trial is over. The price is set based on the seriousness of the crime and the risk that the person may run away. This part of the amendment assures that the bail will not be set so high that no one could possibly pay it. This would be the same as denying bail altogether.
Excessive Fines
Sometimes people or organizations are charged fines by the government as punishment for crimes. This part of the amendment says that the fines shouldn't be excessive. This generally means that the fines shouldn't be out of proportion with the type of crime committed. For example, charging a $1 million fine for littering.
Google Search:
1) What is the fine for Possesion of Marijuana in Chicago? (Make sure the date is current)
2) Find a graph that shows marijuana fines from the 1980's to the 2015 + Give a summary of what the chart explains.
Required
1