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bill of rights scenario 11. a group coordinates a peaceful demonstratio…

Question

bill of rights scenario

  1. a group coordinates a peaceful demonstration to protest changes to the clean air and water acts.
  2. when joe is convicted for shoplifting, the judge sentences him to 15 years in jail. after his appeal, the sentence is reduced to 90 days.
  3. a white nationalist group has a permit to hold a rally on the grounds of the state house, but police come in and break up the gathering.
  4. police officers stop michael smith for speeding. the officers search mr. smith’s pockets and trunk.
  5. ashley is taken to the police station and questioned about her whereabouts during the past weekend. when she asks why she is being held, the police refuse to answer her questions.
  6. scott is given the death penalty for his crime of trying to bribe a judge.
  7. maria is arrested for drug possession and is questioned by police for several hours without a lawyer present.
  8. members of congress, fearing biological terror attacks, refuse to open any mail – they throw away letters from constituents.
  9. concerned about rising crime, lawmakers for the district of columbia ban all handguns in the city, and require that shot- guns be kept unloaded and/or disassembled.
  10. when a witness for the prosecution doesn’t come to the trial, the lawyer tells the court what the witness would have said. the defendant’s lawyer is not given an opportunity to ask the witness questions.

Explanation:

Response

To solve these Bill of Rights scenario questions, we analyze each scenario and match it to the corresponding Amendment and clause:

Question 11
  • Scenario: A group coordinates a peaceful demonstration to protest changes to the Clean Air and Water Acts.
  • Amendment and Clause: 1st Amendment (Freedom of Assembly: "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances").
Question 12
  • Scenario: When Joe is convicted for shoplifting, the judge sentences him to 15 years in jail. After his appeal, the sentence is reduced to 90 days.
  • Amendment and Clause: 8th Amendment (Excessive Bail, Fines, and Punishments: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"). The original 15 - year sentence for shoplifting could be seen as excessive, and the appeal - reduced sentence corrects that.
Question 13
  • Scenario: A white nationalist group has a permit to hold a rally on the grounds of the state house, but police come in and break up the gathering.
  • Amendment and Clause: 1st Amendment (Freedom of Assembly: "the right of the people peaceably to assemble..."). Since they had a permit and were assembling peaceably, breaking up the gathering violates this right.
Question 14
  • Scenario: Police officers stop Michael Smith for speeding. The officers search Mr. Smith’s pockets and trunk.
  • Amendment and Clause: 4th Amendment (Search and Seizure: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"). A traffic stop for speeding does not automatically give the right to search pockets and trunk without probable cause related to the search.
Question 15
  • Scenario: Ashley is taken to the police station and questioned about her whereabouts during the past weekend. When she asks why she is being held, the police refuse to answer her questions.
  • Amendment and Clause: 5th Amendment (Rights of the Accused: "No person shall be... deprived of life, liberty, or property, without due process of law..."). Also, the 6th Amendment (Right to Counsel, etc.) and the concept of "habeas corpus" (implied in due process) - the police must inform her of the reason for her detention.
Question 16
  • Scenario: Scott is given the death penalty for his crime of trying to bribe a judge.
  • Amendment and Clause: 8th Amendment (Excessive Bail, Fines, and Punishments: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"). The death penalty for bribery may be considered cruel and unusual punishment as it is a disproportionate punishment for the crime.
Question 17
  • Scenario: Maria is arrested for drug possession and is questioned by police for several hours without a lawyer present.
  • Amendment and Clause: 6th Amendment (Right to Counsel: "In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense"). Also, the 5th Amendment (Self - Incrimination: "No person... shall be compelled in any criminal case to be a witness against himself") - the right to counsel is related to avoiding self - incrimination during questioning.
Question 18
  • Scenario: Members of Congress, fearing biological terror at…

Answer:

s:

  1. 1st Amendment - Right to peaceably assemble.
  2. 8th Amendment - Protection from excessive punishment.
  3. 1st Amendment - Right to peaceably assemble.
  4. 4th Amendment - Protection from unreasonable search.
  5. 5th (and 6th) Amendment - Right to know reason for detention (due process).
  6. 8th Amendment - Protection from cruel/unusual punishment.
  7. 6th (and 5th) Amendment - Right to counsel during questioning.
  8. 1st Amendment - Right to petition government.
  9. 2nd Amendment - Right to keep and bear arms.
  10. 6th Amendment - Right to confront witnesses.