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Students will review:
In this chapter, you'll learn the answers to questions including:
- How is commercial freedom of speech protected under the First Amendment?
- In what ways does the Fourth Amendment limit search and seizure actions?
- How do the Fifth and Fourteenth Amendments promote due process?
- What is the equal protection clause found in the Fifth and Fourteenth Amendments?
- How does the Ninth Amendment address other rights retained by the people?
1. The First Amendment: Commercial Speech, Scrutiny & Restrictions
The First Amendment of the Constitution states that all citizens are free to practice their preferred religion, speak freely and to assemble. Learn how and why businesses are less protected and are held to a higher scrutiny in this lesson.
2. The Fourth Amendment: Search & Seizure
One of our rights according to the Bill of Rights and the U.S. Constitution is the Fourth Amendment, and it protects citizens from illegal search and seizure of person or property with proper warrants stating probable cause.
3. Due Process & Taking the Fifth & Fourteenth Amendments
There are only two amendments that stand for the same rights: the 5th Amendment and 14th Amendment. In this lesson, we will learn how both amendments speak to the rights of life, liberty and property with government protection and due process.
4. The Equal Protection Clause in the Fifth and Fourteenth Amendments
Both the 5th Amendment and the 14th Amendment of the US Constitution provide all citizens with equal protection of their right to life, liberty and property. The main difference being the 5th Amendment provides it under the Due Process clause.
5. Ninth Amendment: Rights Retained by People
The purpose of the Ninth Amendment is to protect the citizens' rights that aren't necessarily mentioned elsewhere in the Constitution, like the right to privacy or the right to marry. It also prevents the violation of those rights by the government.
6. Enumerated Powers: Definition & Examples
The powers of the federal government that are specifically described in the Constitution are sometimes called 'delegated' or 'expressed powers,' but most often they are known as 'enumerated powers,' and they describe how a central government with three distinct branches can operate effectively.
7. Fifth Amendment - Definition, Summary & Court Cases
In this lesson, you'll explore the history of the 5th Amendment to the United States Constitution. You'll also learn about the double jeopardy clause, due process clause, and the right to remain silent.
8. Tennessee v. Garner: Case Brief & Summary
In the late 1970s, a Memphis police officer shot and killed an unarmed suspect as he fled the scene of a burglary -- but that wasn't the end of the story. This lesson discusses the facts and holding of the Supreme Court's subsequent Tennessee v. Garner decision.
9. Weeks v. United States: Case Brief & Summary
In this lesson we study Weeks v. United States (1914) and learn about the Federal court admissibility of evidence obtained during a search without a warrant. We also work through quiz questions testing your understanding.
10. Atkins v. Virginia: Case Brief
Atkins v. Virginia is a 2002 Supreme Court case where the court ruled whether intellectually disabled persons convicted of crimes are eligible for the death penalty. In this lesson, we will learn about the death penalty, background of the case, and the Court's decision.
11. Kent v. United States: Summary
In Kent v. United States, the Supreme Court ruled on the due process rights of juvenile offenders. In this lesson, you will be introduced to the facts of Kent v. United States as well as the holding and analysis of the Supreme Court.
12. Majority, Concurring & Dissenting Opinions of the Supreme Court
Judicial opinions of the Supreme Court of the United States resolve complex issues and create important legal precedent for other courts to follow. This lesson explores the three types of judicial opinions: majority, concurring, and dissenting.
13. Gratz v. Bollinger: Case Brief & Summary
In 2003, the Supreme Court considered whether universities can use a specific form of affirmative action in undergraduate admissions. In this lesson, we will learn about ''Gratz v. Bollinger'' and discuss affirmative action in this context.
14. Wisconsin v. Yoder: Case Brief & Summary
Wisconsin v. Yoder is an important Supreme Court case concerning the freedom of religion in the United States. In this lesson, we will learn about the case's background, Constitutional question, and the decision of the justices.
15. Schenck v. United States: Summary
''Schenck v. United States'' is a Supreme Court case from 1919. In this lesson, we will learn about the First Amendment freedom of expression and the concept of clear and present danger developed by this case.
16. United States v. Miller: Summary
United States v. Miller is a Supreme Court case from 1976 that involves the Fourth Amendment. In this lesson, we will learn about the concept of search and seizure and explore the Court's reasoning in this case.
17. Griswold v. Connecticut: Case Brief & Summary
Griswold v. Connecticut is a 1965 Supreme Court case, which discusses the right to privacy in the context of marital contraception. In this lesson, we will learn about the right to privacy, background in this case, and the decision of the Court.
18. Lawrence v. Texas: Case Brief & Summary
''Lawrence v. Texas'' is a Supreme Court case from 2003 which discusses the equal protection clause in the context of sexual conduct. In this lesson, we will learn about the case and the Fourteenth Amendment.
19. Loving v. Virginia: Case Brief & Decision
Interracial marriage used to be illegal in some states. This lesson discusses the landmark case of 'Loving v. Virginia' and the Supreme Court decision that struck down a Virginia law banning interracial marriage.
20. Illinois v. Wardlow: Case Brief
The Supreme Court's decision in Illinois v. Wardlow redefined the concept of 'reasonable suspicion' in police stops. Read this lesson to learn about the facts of the case and the Supreme Court's influential decision.
21. United States v. Leon: Case Brief
United States. v. Leon was a federal drug trafficking criminal case. In this case, the Fourth Amendment exclusionary rule was changed to allow an exception. This exception allowed in evidence that was obtained in good faith by a police officer.
22. Payton v. New York: Case Brief
Payton v. New York (1980) addressed the issue of whether it constitutes illegal search and seizure when police enter into a private residence to make an arrest and then seize evidence without exigent circumstances.
23. Katz v. United States: Case Brief
The Supreme Court's landmark Katz v. United States decision introduced a new test for Fourth Amendment searches and seizures. In this lesson, you will be introduced to the facts of the case, as well as the Supreme Court's analysis and legal conclusions.
24. Chimel v. California: Case Brief
The Supreme Court's Chimel v. California decision defined the scope of permissible searches following a suspect's arrest. In this lesson, you will learn about the facts of the case and the Supreme Court's landmark ruling.
25. New York v. Belton: Case Brief
This lesson explores the facts of the New York v. Belton~' case and the Supreme Court's ruling on whether a police officer can search the passenger compartment of a vehicle when a suspect is under arrest.
26. Arizona v. Gant: Case Brief & Decision
In this lesson, we will explore the 2009 case of Arizona v. Gault. We will look at how this case clarified the issue of a vehicle search incident to arrest.
27. Carroll v. United States: Case Brief
In the landmark Carroll v. United States case, the Supreme Court established the 'vehicle exception' to the search warrant requirement of the Fourth Amendment. Complete this lesson to learn more.
28. California v. Greenwood: Case Brief
California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property.
29. Berghuis v. Thompkins: Case Brief
In ''Berghuis v. Thompkins'', the Supreme Court considered when a suspect in a police interrogation has validly invoked his right to remain silent. This lesson covers the facts of the case, as well as the Supreme Court's holding and analysis.
30. New York v. Quarles: Case Brief
The Supreme Court's landmark New York v. Quarles decision introduced the public safety exception to the Miranda warning requirement related to police interrogations. This lesson discusses the facts of the case and the Supreme Court's decision.
31. Barker v. Wingo: Case Brief
In this lesson, we'll explore the U.S. Supreme Court case of Barker v. Wingo, which explores the right to a speedy trial. A quiz will follow in order to test your understanding of the key concepts of the case.
32. Batson v. Kentucky: Case Brief
''Batson v. Kentucky'' was a 1986 Supreme Court case concerned with racially discriminatory practices during jury selection. In this lesson, we will learn about jury selection, the background of this case and the Court's decision.
33. Powell v. Alabama in 1932: Case Brief
Powell v. Alabama established that the court must assign counsel for a defendant in a criminal case when he is unable to employ counsel and is incapable of providing his own defense. Read on to learn more about this case.
34. Argersinger v. Hamlin: Case Brief
''Argersinger v. Hamlin'' (1972) is a U.S. Supreme Court case about the right to counsel. In this lesson, we will learn about the right to an attorney, explore the background of the case and find out why the highest court in the country overturned the misdemeanor conviction of an indigent defendant.
35. Brady v. Maryland: Case Brief
The Supreme Court's Brady v. Maryland decision addressed the government's duty to disclose evidence favorable to a defendant upon request. This lesson discusses the facts of Brady v. Maryland as well as the important details of the Supreme Court's landmark decision.
36. Strickland v. Washington: Case Brief
The landmark Strickland v. Washington decision set forth the two-part standard for assessing a lawyer's performance at trial. In this lesson, you will learn some of the facts of the case, as well as the major elements of the Supreme Court's famous decision.
37. Robinson v. California: Case Brief
Robinson v. California was the first case to apply the Eighth Amendment's prohibition of cruel and unusual punishment to the criminalization of certain acts. This lesson discusses the facts of the case and the Supreme Court's analysis and holding.
38. Ewing v. California: Case Brief
The Supreme Court examined the constitutionality of the controversial 'three strikes laws' in the Ewing v. California decision. This lesson discusses the facts of the Ewing case, as well as the Supreme Court's holding and analysis.
39. Gregg v. Georgia: Case Brief & Summary
The Gregg v. Georgia case is historically and legally significant because it upheld the legality of the death penalty. Gregg v. Georgia was one of the first cases to challenge the court's decision in Furman v. Georgia, in which the courts restricted the application of the death penalty to prevent capricious or arbitrary use.
40. Religious Freedom Restoration Act: Summary
The Religious Freedom Restoration Act (RFRA) is a 1993 federal act that defines some protections for the freedom of religion in the United States. This lesson will explore the Act and some of the controversies that have arisen with it.
41. Penry v. Lynaugh Case of 1989
Penry v. Lynaugh is a Supreme Court case from 1989, where the Court was asked to determine whether the imposition of the death penalty on a mentally handicapped defendant was 'cruel and unusual' punishment. This lesson discusses the facts of the Penry case, as well as the Supreme Court's analysis and decision.
42. Estelle v. Gamble Case of 1976
The Supreme Court's Estelle v. Gamble case of 1976 marked the first time the court considered the kind of proof necessary to prove the violation of a prisoner's Eighth Amendment rights. This lesson discusses the facts of the case as well as the Supreme Court's holding and analysis.
43. Ford v. Wainwright Case: Summary
This lesson examines and summarizes Ford v. Wainwright. This 1986 Supreme Court case evaluated the process we use to determine whether or not a death row inmate is competent enough to face execution.
44. Rational Basis Test: Definition & Application
The rational basis test is a standard of review used to resolve constitutional questions in law. This lesson defines the rational basis test, and discusses the application of the test.
45. Furman v. Georgia: Case Brief, Summary & Decision
This lesson explores the application and use of the death penalty in modern times as the result of the landmark decision in Furman v. Georgia, a case in which several death row inmates appealed their sentences to the Court. The Supreme Court's majority ruled for the defendants in finding that the death penalty, if not cruel and unusual punishment, was applied unfairly in these cases.
46. Terry v. Ohio: Case Brief & Summary
In this lesson, we will review the United States Supreme Court decision of Terry v. Ohio, including the details of the case and the Supreme Court's decision. There will be brief quiz at the end to test your knowledge.
47. Agostini v. Felton: Case Brief
In this lesson, we will learn about Agostini v. Felton, a case which asked the Court to overturn a previous related case that focused on the relationship between public and religious schools and whether public school teachers could teach at religious schools.
48. United States v. Stevens: Case Brief
United States v. Stevens (2010) is a Supreme Court case related to issues of free speech and animal cruelty. In this lesson, we will learn about the facts of the case, the constitutional question at play, and the decision of the Court.
49. Brandenburg v. Ohio: Case Brief
Brandenburg v. Ohio was a landmark First Amendment decision by the Supreme Court that helped define the constitutional limitations on punishing certain types of speech. In this lesson, you will learn about the facts of the case, as well as the Supreme Court's decision and analysis.
50. Reno v. ACLU: Case Brief & Summary
In this lesson we review Reno v. ACLU (1997). Reno v. ACLU was one of the first Supreme Court rulings to address the permitted regulation of materials distributed online, via the World Wide Web.
51. Near v. Minnesota: Case Brief & Summary
In the landmark Near v. Minnesota case, the Supreme Court considered the censorship of newspapers through legislation. This lesson discusses the facts of the famous case, as well as the Supreme Court's analysis and conclusion.
52. United States v. Lopez: Case Brief & Summary
This lesson explores the power of Congress to regulate interstate commerce under the Commerce Clause of the Constitution. Following the case brief are questions to test your understanding.
53. Alabama v. White: Case Brief
The case of Alabama v. White revolves around what constitutes probable cause when it comes to anonymous tips. In this lesson, we'll take a look at the case brief and the court's ruling.
54. Escobedo v. Illinois: Case Brief, Summary & Decision
In this lesson, we will review the United States Supreme Court decision of Escobedo v. Illinois. Read about the details of the case and the Supreme Court's decision. Test your knowledge with a brief quiz.
55. Barron v. Baltimore in 1833: Summary & Significance
This case will teach you about the case entitled Barron v. Baltimore. You will review the summary of the facts of the case and then review its significance.
56. Right to Counsel: Amendment, Cases & History
In this lesson, we will discuss the right to counsel. There are several cases that have changed the right to counsel throughout history, and these cases will also be discussed in this lesson.
57. Search & Seizure: Definition, Laws & Rights
In this lesson, we will discuss the legal definition of search and seizure. The laws that pertain to search and seizure and an individual's rights will also be explored in this lesson.
58. Selective Incorporation: Definition & Doctrine
In this lesson we will discuss how a person's rights granted under the Constitution of the United States are protected from laws enacted by states through the process of selective incorporation. We also provide an example of selective incorporation in the case of Miranda v. Arizona.
59. Separation of Church & State: Definition, History, Pros & Cons
Today, we will learn about the separation of church and state, consider its history, and weigh the pros and cons. This lesson focuses on the American context and is useful to better understand the political and legal complications of this issue.
60. What Are Fundamental Rights? - Definition, Types & Features
This lesson will discuss an individual's fundamental rights. There will be a discussion about the types of fundamental rights as well as the features of fundamental rights.
61. What is Franking Privilege? - Definition & Example
This lesson will cover the meaning of franking privilege. The background, recent reforms, and an example of franking privilege, will be covered as well.
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Other chapters within the Intro to Criminal Justice: Help and Review course
- Introduction to Crime & Criminology: Help and Review
- Theories of Crime: Help and Review
- Types of Crime: Help and Review
- The Criminal Justice Field: Help and Review
- Criminal Justice Agencies in the U.S.: Help and Review
- Law Enforcement in the U.S.: Help and Review
- The Role of the Police Department: Help and Review
- The U.S. Court System: Help and Review
- Criminal Law in the U.S.: Help and Review
- The Criminal Trial in the U.S. Justice System: Help and Review
- The Sentencing Process in Criminal Justice: Help and Review
- Corrections & Correctional Institutions: Help and Review
- The Juvenile Justice System: Help and Review