scenario 1 simon, an eighteen year best buy employee is accused of stealing ipods from his job....

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Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera all witnessed Simon stealing the iPods. When Simon is arrested he is taken to jail, processed, and sentenced to ten years in prison by a judge. Although Simon maintains his innocence he is taken to prison.

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Page 1: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 1Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera all witnessed Simon stealing the iPods. When Simon is arrested he is taken to jail, processed, and sentenced to ten years in prison by a judge. Although Simon maintains his innocence he is taken to prison.

Page 2: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 6th AMENDMENT

Guarantees the Right to

-Hear accusations

-No Jail without a trial

-Speedy & Public Trial

-Public trial

-Legal Counsel

Page 3: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 2Sara is suing her former best friend Janice for $900. Sara claims that Janice borrowed the money for car repairs but Janice has failed to repay the money claiming she can’t find adequate work. Janice admits to borrowing the money; however, she can’t afford to pay it back. An attorney tells Sara there is really nothing she can do because the money wasn’t stolen so it is not a criminal case.

Page 4: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 7th AMENDMENT

Guarantee of right to a jury trial in civil cases in federal court

Page 5: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 3Carolyn is arrested for shoplifting a Louis Vuitton purse ($1200) from a department store. At trial, she is found guilty. The judge decides that the appropriate punishment is for Carolyn to serve 5 years in jail and pay fines in access of $20,000 in hopes to teach her a lesson so that she will not shoplift again.

Page 6: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 8th AMENDMENT

Guarantee of freedom from cruel and unusual punishment

Page 7: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 4Mr. Reynolds, an avid hunter, opens the door of his home one day to find agents from the Bureau of Alcohol, Tobacco, and Firearms outside. They inform him that certain provisions of a new federal law allow them to confiscate his rifles so that he may not engage in terrorist activities or plot against the United States government. They have no evidence that he is connected to any such activities.

Page 8: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 2nd, 4th & 5th AMENDMENTS

Guarantee of the right to keep and bear arms, illegal search and seizure, and a violation of the guarantee of due process

Page 9: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 5Several car stereos have come up missing in a local apartment complex. Tyrone, a police officer lives in the complex and suspects James, a known ex-convict. Tyrone knocks on James’s door, accuses him of stealing the stereos and demands to search his apartment. When James refuses Tyrone flashes his badge and enters the apartment.

Page 10: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

4th Amendment VIOLATED

Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime.

Page 11: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 6

Jesse, searches several websites which give instructions on creating a homemade bomb. He has also searched websites which insight terrorist activity and has had email correspondence with a known terrorist in the Middle East. Jesse’s home is searched and he is arrested, detained, and tortured for information.

Page 12: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Amendments 4, 5, 6, & 7 VIOLATED

Illegal search and seizureIllegal arrest & imprisonmentTrial by juryCruel & Unusual Punishment

Page 13: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 7Congress has passed a law which you do not agree with. You and 10,000 of your friends storm the capitol building to voice your disapproval. As you peacefully protest you are arrested.

Page 14: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

1st Amendment VIOLATED

Freedom of Speech

Freedom of assembly

Page 15: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 8A known drug dealer is arrested for suspected connections to an inner city murder. The police do not inform him of his rights and immediately begin to interrogate him. They continue until he admits he knows the victim of the crime and was in the neighborhood where the murder took place.

Page 16: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 5th & 6th AMENDMENTS

Guarantee of the Right to freedom from self-incrimination and right to counsel

Page 17: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 9Your parents are very religious people, but you are not. Today, your parents are going to a service at their place of worship and they expect you to come along. You refuse and proclaim you practice a religion different from theirs. They make you go anyway and they ground you for the following month.

Page 18: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

NO VIOLATION

The Bill of Rights protects individual liberties such as freedom of religion from encroachment by the federal or the state governments, but does not limit the actions of individuals (e.g., parents)

Page 19: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 10Last Saturday night you and a friend were watching movies at home and you decide that you want to get food from a fast food establishment. Upon leaving your neighborhood, you are pulled over by the police and questioned. The officer does not believe your story and makes you turn around and go home.

Page 20: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF the 9th & 10th AMENDMENTs

Constitution gives you rights not listed in B.O.R

States and Local govts can guarantee rights that are not covered in the Constitution.

Page 21: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 11Because Members of Congress are unhappy with students’ standardized test scores in many states, they pass a federal law that abolishes local school boards and requires a standardized national curriculum

Page 22: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION OF THE 10th AMENDMENT

Reservation of power to the people and the states. Under principles of federalism, if the Constitution does not grant the power to the federal government (as in this case, for regulating education), it is a power reserved to the states and the people.

Page 23: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 12You are in the security line at the airport. The transportation safety agent requires you to take off your coat, take off your shoes, and empty your pockets. The agent also completes a pat-down search.

Page 24: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

NO VIOLATION

The Fourth Amendment protects against unreasonable search and seizure, but airport security procedures are reasonable deterrents to airplane hijackings.

Page 25: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 13

You and a friend are driving home. You are pulled over for driving 6mph over the speed limit. The officer is suspicious because of your age. He demands that you get out of the car and searches the inside of the car and the trunk.

Page 26: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

VIOLATION of the 4th Amendment

• Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime or they have probable cause to search you or your belongings.

Page 27: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

Scenario 14Orenthal James, was accused of murdering his wife and her friend. He was arrested and stood trial. After days of deliberating the evidence the jury delivered a not guilty verdict. After several years, O.J. writes a book detailing how he would have killed the two victims. Based on his “admission” he is retried and sentenced to life in prison.

Page 28: Scenario 1 Simon, an eighteen year Best Buy employee is accused of stealing iPods from his job. Three employees, the security guard, and a security camera

5th Amendment VIOLATED

• if the jury decides you are innocent, the government can't try again with another jury. YOU cant be tried for the same crime twice (double jeopardy)