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Chapter 3

SOCIOL 2309 Chapter Notes - Chapter 3: Petit Jury, Grand Jury, Double Jeopardy

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Ryan King

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Soc 2309
Bill of Rights & Other Amendments
Chapter 3: 64 – 75
I. First Amendment
A. Establishment Clause – the first clause of the First Amendment, which forbids
the government from creating a state religion
B. Freedom of speech, press, religion, petition and assembly
C. Statute affecting religion is valid only if…
C.1. Statute must have secular (nonreligious) purpose
C.2. Primary purpose of the statute must be neither pro- nor anti-
C.3. Statute must not foster “excessive” government entanglement with
II. Second Amendment
A. Right to bear arms
III. Third Amendment
A. Freedom from quartering soldiers
IV. Fourth Amendment
A. Freedom from unreasonable searches and seizures; warrants must be based on
probable cause and stated with specificity
V. Fifth Amendment
A. Grand jury indictment; freedom from double jeopardy and self-incrimination;
right to face accusers, to due process, and to just compensation for takings
B. Grand jury – a group of citizens who listen to the case presented by a prosecutor
and determine whether there is sufficient evidence to grant an indictment
C. Petit jury – the trial jury
D. Indictment – a document formally charging the defendant with a crime handed
down by a grand jury after hearing the evidence presented by the prosecutor
E. Information – a substitute for an indictment in which charges against a defendant
are filed directly with the court by the prosecutor, thus bypassing grand jury
F. Double jeopardy – legal principle that states a jurisdiction may not (a) prosecute
someone again for the same crime after the person has been acquitted, (b)
prosecute someone again for the same crime after being convicted, and (c) punish
someone twice for the same offense
G. Dual sovereign doctrine – a person can be prosecuted in both federal and state
court for the same offense or in the courts of different states for the same offense
if certain circumstances surrounding the offense occurred in more than one state
H. Privilege against self-incrimination – the right of criminal defendant not to be
forced to testify against themselves
VI. Sixth Amendment
A. Rights to speedy trial, to impartial jury, to be informed of charges, to obtain
witnesses on one’s behalf and to an attorney
VII. Eighth Amendment
A. Freedom from excessive bail or fines and from cruel and unusual punishment
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