Bill of Rights: Case Studies
Read each of the following cases and decide if an individual’s rights had been violated according to the provisions of the Bill of rights. After each case, write the number of amendments and the appropriate phrases that will support your arguments either for or against a violation.
1. A man is arrested for armed robbery. He spends a year in prison waiting for his trial. He complains that his rights were violated. Were they?
2. A man is tried and found not guilty of murder. A year later, new evidence is discovered indicating the probable guilt of a man. A new trial is ordered. He objects. Were his right violated?
3. A newspaper obtains documents the government wants to keep secret. The newspaper plans to publish the documents and the government demands they should not publish the paper for national security reasons. The case goes to court. Which side is right?
4. A well known member of an organized crime family is tried for loan sharking and extortion. The District Attorney insists that he take the stand and tell everything he knows about the crimes he was involved in. Does he have to talk? Which side is right?
5. The U.S. is at war with Iran. The President fears that there are spies in Washington D.C. and orders several Iranians living in the area arrested and placed in jail until the war is over. Were anybody’s rights violated?
6. A town needs more land around the local High School for a new swimming pool complex. A man’s land is needed for the complex but he refuses to sell. The town government forces the man off his land but does give him twice the property’s actual value. He sues to get his land back. Was the town government within their rights when they took his land?
7. A man is arrested for stealing automobiles. He is tried and found not guilty. Later in jail he complains he didn’t realize or was ever told he could have a lawyer represent his case in court. He wants a new trial. What do you think and why?
8. Police agents secretly search the house of John Butcher, a murder suspect. In the search they find a pistol. Test indicated that it was the same pistol used to kill the man Butcher is suspected of killing. The pistol is later used as evidence in the trial of Butcher. Butcher claims the police has no right to search his house or to use the pistol as evidence. Who is right and why?
9. A well known movie star is accused of killing her husband. The judge is afraid that because of the publicity surrounding the case, the actress may not get a fair trial. The judge decides to close the courtroom to the press and the public. Several newspapers and their editors complain this order is unconstitutional. Which side would take and why?
10. Brother Jack Johnson is a member of the Forgiven Sinners of the Spirited Waters Church. Brother Jack along with Brothers Tom, Willie, and Zak met every Sunday morning behind the Pick Kwick store on Main Street and consume a quart of burbon each. After the bourbon has been consumed they begin to sing loudly various gospels songs. One such Sunday, a police officer stopped and arrested the entire group for disorderly conduct and public drunkenness. The Brothers protested claiming they were exercising their rights of freedom of religion. What do you think?