LEGAL FINAL MPTC (Constitutional
Law/Criminal Law)
U.S Constitution was written and ratified in
1787 and 1788
U.S Constitution is ___ articles and ____ Amendments establish basic principles
of government and individual rights of all citizens
7 Articles
27 Amendements
The first 10 Amendments are known as
Bill Of Rights
1st Amendment
Establishes freedoms of religion, speech, press, assembly and petition.
Following types of speech protected by 1st Amendment
Religion
Speech (spoken\written)
Right to audio and video record
1st Amendment speech types NOT protected
-Citizens with an unqualified right to speak out on any conceivable subject at all times
ans places (ex. FIRE)
-Obscenity
-Fighting words
-Threats (must be "true threats" and not just expressive speech
-Incendiary Speech
2nd Amendment
Establishes the right to keep and bear arms.
4th Amendment
Prohibits unreasonable searches and seizures by the government
Searches
Physical inbasions or intrusions of privacy by police on people, homes, or personal
property to obtain information or gather evidence
Seizure
When police take possesion of property, make an arrest, or restrict a persons ability to
move freely
5th Amendment
Prohibits citizens from being punished for the same offense twice (double jeopardy)
from being compelled to testify against themselves (self-incrimination) provides the right
to indicment for certain types of offenses by a grand jury and guarantee due process
law
6th Amendment
Requires all persons charged with a crime be i formed of charges against them. People
charged with crime have a right to counsel and speedy public trial by an impartial jury.
, People charged with a crime also have a right to confront witnesses against them and to
compel witnesses to appear and testify on their behalf
8th Amendment
Protects the people from cruel and unusual punishment
14th Amendment
Provided people of all states the right to "due process" and "equal protection under the
law"
In some cases, the MA Constitution provides greater protection that the U S
Constitution
TRUE
The U.S Constitution we're based on the Declaration of Rights
TRUE
Article XII (13)
No subject shall be held to answer for any crimes or offense, until the same is fully and
plainly, substantially and formally described to them; or be compelled to accuse, or
furnish eviddence against themself.
Article XIV (14)
Every subject has a right to be secure fromall unreasonable searches, and seizures or
his person, houses, papers and all his possessions
Statutory Law
Written and enacted by legislative branches of state or federal governments
Case Law
Consists of decisions by Federal and MA courts, primarily the U.S Supreme Court
(USSC), the MA Supreme Judical Court (SJC) and MA Appeals Court
Objective Standards
Thinks "others"
What a reasonable person would do, act or believe
Subjective Standards
Think "self"
What an Individual person did or believed
To arrest a person for a crime, police need
Probable Cause
Needed to detain a person temporarily to investigate a possible crime you need
Reasonable suspicion
In determining whether a search was reasonable, courts must consider
Was a search warrant required?
Was the warrantless search permissible by law?
Was search based upon probable cause?
Was frisk lawful?
Was the suspicion specific to a particular person or place?
Different actions police can take to determine which legal standard is required for
each action
Reasonable Suspicion
Must be based on specifc and articulable facts which, when taken together, would
convince a person of reasonable caution to believe that a person has committed, is
committing or is about to commit a crime
Law/Criminal Law)
U.S Constitution was written and ratified in
1787 and 1788
U.S Constitution is ___ articles and ____ Amendments establish basic principles
of government and individual rights of all citizens
7 Articles
27 Amendements
The first 10 Amendments are known as
Bill Of Rights
1st Amendment
Establishes freedoms of religion, speech, press, assembly and petition.
Following types of speech protected by 1st Amendment
Religion
Speech (spoken\written)
Right to audio and video record
1st Amendment speech types NOT protected
-Citizens with an unqualified right to speak out on any conceivable subject at all times
ans places (ex. FIRE)
-Obscenity
-Fighting words
-Threats (must be "true threats" and not just expressive speech
-Incendiary Speech
2nd Amendment
Establishes the right to keep and bear arms.
4th Amendment
Prohibits unreasonable searches and seizures by the government
Searches
Physical inbasions or intrusions of privacy by police on people, homes, or personal
property to obtain information or gather evidence
Seizure
When police take possesion of property, make an arrest, or restrict a persons ability to
move freely
5th Amendment
Prohibits citizens from being punished for the same offense twice (double jeopardy)
from being compelled to testify against themselves (self-incrimination) provides the right
to indicment for certain types of offenses by a grand jury and guarantee due process
law
6th Amendment
Requires all persons charged with a crime be i formed of charges against them. People
charged with crime have a right to counsel and speedy public trial by an impartial jury.
, People charged with a crime also have a right to confront witnesses against them and to
compel witnesses to appear and testify on their behalf
8th Amendment
Protects the people from cruel and unusual punishment
14th Amendment
Provided people of all states the right to "due process" and "equal protection under the
law"
In some cases, the MA Constitution provides greater protection that the U S
Constitution
TRUE
The U.S Constitution we're based on the Declaration of Rights
TRUE
Article XII (13)
No subject shall be held to answer for any crimes or offense, until the same is fully and
plainly, substantially and formally described to them; or be compelled to accuse, or
furnish eviddence against themself.
Article XIV (14)
Every subject has a right to be secure fromall unreasonable searches, and seizures or
his person, houses, papers and all his possessions
Statutory Law
Written and enacted by legislative branches of state or federal governments
Case Law
Consists of decisions by Federal and MA courts, primarily the U.S Supreme Court
(USSC), the MA Supreme Judical Court (SJC) and MA Appeals Court
Objective Standards
Thinks "others"
What a reasonable person would do, act or believe
Subjective Standards
Think "self"
What an Individual person did or believed
To arrest a person for a crime, police need
Probable Cause
Needed to detain a person temporarily to investigate a possible crime you need
Reasonable suspicion
In determining whether a search was reasonable, courts must consider
Was a search warrant required?
Was the warrantless search permissible by law?
Was search based upon probable cause?
Was frisk lawful?
Was the suspicion specific to a particular person or place?
Different actions police can take to determine which legal standard is required for
each action
Reasonable Suspicion
Must be based on specifc and articulable facts which, when taken together, would
convince a person of reasonable caution to believe that a person has committed, is
committing or is about to commit a crime
