2008 09 17 POLS 206 Notes

2008 09 17 POLS 206 Notes - • Judicially created remedy...

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2008 09 17 POLS 206 2 nd amendment – Right to Keep and Bear Arms “ A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 4 th Amendment – Search and Seizure Designed to protect citizens from undue and unwarranted interference Police may search, without a warrant: Person arrested Things in plain view of the accused Places or things that are in immediate control of the accused Stop and frisk individuals With consent Drunk drivers Open fields Search allowed if place does not have a reasonable expectation of privacy Cars (sometimes) Homes are presumed to be private Judges issue warrants Warrant must specify o Place to be searched o Object of the search 5 th Amendment – Self Incrimination Miranda v. Arizona (1966) Miranda warnings (right to an attorney, right to remain silent, etc.)
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4 th and 5th amendment Exclusionary Rules Illegally obtained evidence cannot be used at trial
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Unformatted text preview: • Judicially created remedy to deter police from violating the 4 th and 5 th amendment rights of suspects • “Good faith” exceptions 6 th amendment Right to counsel • Suspects entitled to appointed attorney if they cannot afford one • Gideon v. Wainwright – all persons accused of a crime are entitled to an attorney Right to a jury trial • Right to speedy and public trial by an impartial jury • No group can be systematically excluded from serving on a jury Right to confront a witness 8 th Amendment – Cruel & Unusual Punishment Often argued in death penalty cases • 38 states allow the death penalty • Furman v. Georgia (1972) o death penalty unconstitutional • Gregg v. Georgia (1976) o new death penalty statute constitutional • McKlesky v. Kemp (1987) o death penalty constitutional • McKlesky v. Kemp (1987) o more difficult for inmates to file repeated appeals Right to Privacy...
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This note was uploaded on 10/04/2008 for the course POLS 206 taught by Professor Someonethatwasjusttryingtogettheirdoctorate during the Fall '06 term at Texas A&M.

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2008 09 17 POLS 206 Notes - • Judicially created remedy...

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