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Criminal Law Free essay! Download now

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Criminal Law

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Downloads to date: N/A | Words: 1052 | Submitted: 02-Dec-2012
Spelling accuracy: 99.0% | Number of pages: 6 | Filetype: Word .doc

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List of 3 Constitutional rights found in the bill of rights. For each right I state how it affects criminal law and I give a specific example.


List 3 Constitutional rights found in the bill of rights. For each right state how it affects criminal law and give a specific example.

Freedom of Speech- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Freedom of speech does not mean you can express yourself anywhere, anytime, on any subject, in any manner. People can sometimes go overboard, and expect not to get in trouble because of this amendment.
There are five expressions that are not protected under the first amendment. These limitations of the first amendment give the government the ability to make these expressions a crime. This protects us from being violated by others in our society for our beliefs. If you violate these you will be held responsible for your actions and could face criminal charges.
Obscenity material whose predominant appeal is to nudity, sexual activity or excretion
Profanity irreverence toward sacred things, particularly the name of God
Libel and Slander Libels are damages to reputation expressed in print, writing, pictures, or signs; slander damages reputation by spoken words.
Fighting Words words that are likely to provoke the average person to retaliation and cause a “breach of peace”
Clear and Present Danger expression that creates a clear and present danger of an evil, which legislatures have the power to prohibit.
These five forms of expression are not covered by the first amendment because there is very little or no value to them. If there is any value to them there is not enough to outweigh the social interest and morality of the public.
For Example:
Michelle Write is running for public office. Joe Justice is not happy that a woman could possibly controlling certain decisions so he makes up this elaborate lie and ruins Michelle’s name. Now nobody wants to vote for Michelle. Michelle finds out about Joe’s lie and can now press criminal charges against Joe for slander.
Right of Search and Seizure Regulated: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In this fourth amendment right our homes are our sanctuary and we are protected in them from government invasion unless the government can justify invading them. Also our bodies are protected in this right. Meaning our person cannot be searched without probable cause. A law enforcement officer has to ...

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