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Final Examination
A probable cause is the evidence that law enforcement personnel must have in order to apprehend someone and conduct a search on someone’s property with a search warranty permitting them to perform the searches. Police officers must have a credible reason to judge that a crime was committed.
Reasonable Suspicion is a legal standard by which, law enforcement officers have the right to arrest a suspect for a short period to enable them carry out an investigation and frisk him/her in search of illegal ownership of firearms.
Free exercise clause was formed to proscribe the government from prying with the practice of any religious devotion apart from the cases of compelling interest of the society like bigamy, child abuse and human sacrifice as part of the religion.
Broad interpretation is an interpretation of the American constitution holding that the motive of the times and the needs of the country can legally influence judicial decisions especially the decisions made by the Supreme Court.
Narrow interpretation is an elucidation of the Supreme Court judges, which allows them to combine the written constitutional laws with their ideas to make judgments.
Exclusionary rule is a statute that averts the government from using most substantiation gathered in violation of the United State Constitution. The rule is premeditated to rule out evidence attained in infringement of the Fourth Amendment rights in US, which protects citizens against unreasonable seizures or searches, by law enforcement persons.
Unwritten constitution- These are processes and ideas achieved from precedent and customs of United States and are accepted and used as a part of American government but are not written in the American Constitution.
Compelling state interest is a concept of law that gives the government a mandate to regulate a given matter. The interest of the government is so important in a way that it outweighs individual interests.
Desegregation is the process of terminating the customs, practices and laws under which diverse groups and races are constrained to separate public facilities like schools, organizations or even neighborhoods.
Judicial review is a set of guidelines under which, the courts evaluate the proceedings of the executive and legislative government branches.
How the first Amendment to the United States Constitution was interpreted in the following Supreme Court cases:
Engel v. Vitale (1962)
In this case, the United States Supreme court ruled that voluntary prayer in public schools violated the First Amendment of the US constitution, which prohibited a state establishment of religion.
Schenck v. United States (1919)
In interpreting the first Amendment to the constitution, Supreme Court Judges ruled that anti-war activists did not have the right to speak against the Espionage law according the First Amendment.
The United States Supreme Court has made many landmark decisions that have had lasting implications upon our society
Miranda V. Arizona (1966)
In this case, Arizona accused Ernesto Miranda for rape and kidnapping charges. The Court stated that prosecutors had no right to use statements arising from custodial questioning of defendants unless they verified the use of technical measures, which were effective in securing the dispensation against self-incrimination. In this case, the court ruled that the contemporary practice of in-custody examination was psychologically oriented. The Court particularly delineated the essential aspects of officers warning to suspect, including admonitions of the accused person’s right to remain silent and the freedom to have a counsel present during court hearings. The rule made by the Supreme Court is still used in today’s ruling; a convicted person should remain silent as anything they say can be used against them in a court of law.
Roe v. Wade (1973)
It is one of the landmark cases handled by America’s Supreme Court on the issue of abortion. Roe campaigned for the victory for choice. Wade, on the other hand, argued that abortion deprived the unborn child of his/her right to live. Dealing with the case, the court ruled that the issue of abortion was unconstitutional except when carried out to save the life of the mother.
Roe v. Wade case on abortion remains one of the intensely debated issues today. Courts are today torn between the worlds of religion, biology and ethics and this makes it hard for them to handle such cases.