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Amendment 4 - Exclusionary Rule. "The fruit from the poisonous tree." The Ohio police searched Mapp's house without a warrant, found porn, and arrested her. Because they did not have a warrant, the evidence could not be included in the case. |
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Amendment 5 - Due Process. Miranda confessed, but his lawyer argued that he was not aware of his rights because the police had not read them to him. |
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Amendment 5 - Due Process. Giddeon was a poor citizen and could not afford a lawyer, therefore he was convicted. He appealed to the Supreme Court and thus the rule that the country would pay for lawyers if a person could not afford one. |
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Death Penalty. 1976 The Supreme Court affirmed the death penalty. |
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Death Penalty. 2002 A person medically deemed mentally retarded cannot be executed. |
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Amendment 1 - Freedom of Speech and Press. 1919 Creates the "clear and present danger" rule when it comes to censored free speech. |
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New York Times v. United States |
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Amendment 1 - Freedom of Speech and Press. The New York Times got a hold on some leaked top-secret papers and attempted to publish the contents. The Country sued since the documents were classified as top secret. However, the Supreme Court ruled that they could be published since the contents were stats on the Vietnam War. |
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What is obscene in art? This gave birth to the LAPS test -- Does the piece have any Literary, Artistic, Political, or Scientific value? Also brings community into consideration. |
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Amendment 1 - Freedom of Speech and Press. Congress had said that citizens could NOT burn flags, the Supreme Court ruled that burning a flag was protected under freedom of speech. |
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1965 The Court decided that states could not control what a married couple did in their home as far as contraceptives were concerned. |
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1973 The privacy of a woman's body was established. Abortions are allowed in the first trimester. |
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Planned Parenthood v. Casey |
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1992 Consent by one parent or judge for a minor to have an abortion. Must be a 24-hr delay for all abortions. |
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1997 Outlaws physician assisted suicide. Results: Right to die? Implementation of DNR - Do Not Resucitate. Living wills - legalized. |
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Amendment 1 - Establishment Clause. Prayer in public school is a state sponsored prayer - deemed unconstitutional. The case was in New York but the result was sent nation-wide. |
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Interation between State and Religion. If a State institution holds any sort of religious activity if: Must be secular in purpose; Not advance/inhibit religion. The State itself is not allowed to be involved with religion. LEMON TEST. |
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