The 1985 decision of New Jersey v. TLO found that public school students have some rights when it comes to school officials who want to search their person or personal belongs for evidence of wrongdoing. Nonetheless, most Americans will participate in the legal system at least once in their lives as a witness, juror, or defendant. Criminal & Civil Cases: What Happens in a Courtroom? [12] For example, Claude Jones was executed for murder based on 1990-era DNA testing of a single hair that was determined at that time to be his; however, with better DNA testing technology, it was later found to be that of the victim. The promise of an impartial jury is a critical component. He was a man with an eighth-grade education who ran away from home when he was in middle school. - A Kid's Guide to the U.S. Government, Personal Safety Guides: Protect Yourself Against Sex Crimes, Famous Criminal Law Cases In U.S. History, A Student's Guide to the Law of the Land and The Supreme Court. In terms of the law, it contributes greatly to the civil rights of all Americans. The Justice Department, for example, released a study in 2015 that found black men received roughly 5% to 10% longer prison sentences than white men for similar crimes. When it comes to the perspective of law enforcement, it can be a negative in that it gives some criminals the opportunity to remove or destroy evidence before a warrant can be obtained. I worked with polygraph examiners, investigators, and forensics experts. The principal denied Mergens’ request, telling her that a religious club would violate the First Amendment’s Establishment Clause. “The school has maintained a ‘limited open forum’ under the Act and is prohibited from discriminating, based on the content of the students' speech, against students who wish to meet on school premises during noninstructional time,” O’Connor said. In addition to the protections outlined in the Fourth Amendment (pertaining to investigations prior to criminal charges), the next four amendments pertain to those suspected, accused, or convicted of crimes, and people engaged in other legal disputes. “While the Free Exercise Clause clearly prohibits the use of state action to deny the rights of free exercise to anyone, it has never meant that a majority could use the machinery of the State to practice its beliefs,” Clark said. The 14th Amendment was formally and legally approved on July 9, 1868. He was about to commit mass murder. They deliberate in secret and their decision must be unanimous; if they are unable to agree on a verdict after extensive deliberation, a mistrial may be declared, which effectively requires the prosecution to try the case all over again with a new jury. While we traditionally think of property owners as well-off people whose rights are inherently more secure, frequently these cases pit lower- and middle-class homeowners against multinational corporations or multimillionaires with the ear of city and state officials. Beneficiaries range from politically connected big businesses such as car manufacturers building new factories to highly profitable sports teams seeking ever-more-luxurious stadiums. Historically, for most crimes many states did not provide attorneys to the accused when could not afford one themselves; even when provided, their assistance was often inadequate. As any single property owner could effectively block a particular route or extract an unfair price for land if it was the last piece needed for a route, there are reasonable arguments for using eminent domain as a last resort. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Two early but important Supreme Court cases defined the ability of students to not take part in some public school activities based on First Amendment religious objections. All hear the evidence in the trial; unless an alternate must serve, the original twelve decide whether the evidence determines guilt or innocence beyond a reasonable doubt. This prevents judges from setting bail based off of personal feelings or prejudices against the defendant. During this trial, he or she also has the right to know what the nature of the charges are, have legal representation, and to face any witnesses for the prosecution. In Board of Education of Westside Community Schools v. Mergens (1990), Sandra Day O’Connor in an 8-1 decision said that since the club didn’t study school curriculum, it was permitted under the Equal Access Act, which allows student access to any similar club based on Free Speech principles. In addition to the protections outlined in the Fourth Amendment (pertaining to investigations prior to criminal charges), the next four amendments pertain to those suspected, accused, or convicted of crimes, and people engaged in other legal disputes. Here is a brief review of eight such cases. The courts have interpreted this provision to mean that government officials must establish consistent and fair procedures to decide when to limit people’s freedoms; in other words, citizens cannot be detained, their freedom limited, or their property taken arbitrarily or on a whim by police or other government officials. However, contrary to some media depictions of the Miranda warning, law enforcement officials do not necessarily have to inform suspects of their rights before they are questioned in situations where the suspect is free to leave. The jury sits along one side, between the judge/witness stand and the tables for the defense and prosecution. Bail ensures that an individual will return for his or her court date. In 1968, the Court ruled in an 8-1 decision in the case of In re Gault that teens accused of crimes are entitled to the same due process rights as adults. There are a number of motivations for this. [14] It remains to be seen whether this gradual state trend to eliminate the death penalty will continue, or whether the Supreme Court will eventually decide to follow former Justice Harry Blackmun’s decision to “no longer… tinker with the machinery of death” and abolish it completely. These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. 3 Supreme Court cases on student speech rights While students have the right to free speech, there are limits to what has historically been considered acceptable by courts. Moreover, in a criminal trial, if someone does not testify in his or her own defense, the prosecution cannot use that silence as evidence of guilt or imply that an innocent person would testify. Later, an additional seventeen amendments were added to the Constitution. In order to get out of jail, a person often must pay bail. The Sixth Amendment governs these criminal trials; in full, it states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence [sic].”. The Seventh Amendment, in full, reads: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”. The warrant must be granted by a judge before they can enter the suspect's property in search of evidence. Her family argued that the evidence should not have been admissible in court because it violated T.L.O.’s Fourth Amendment protection against unreasonable searches and seizures.