Explore tens of thousands of sets crafted by our community.
U.S. Constitutional Amendments Relevant to Evidence
27
Flashcards
0/27
Amendment VI
Guarantees the rights to a speedy trial, public trial, impartial jury, notice of accusation, confrontation of opposing witnesses, and to counsel. Relevance: It influences evidence through the right to confront witnesses, thereby affecting the admissibility of hearsay and testimonial evidence.
Amendment III
Prohibits the quartering of soldiers in private homes without the owner's consent. Relevance: This amendment is rarely invoked in modern law and has a minimal direct impact on the rules of evidence in court.
Amendment XXI
Repeals the Eighteenth Amendment and ends the federal prohibition of alcohol. Relevance: By repealing prohibition, it eliminated the federal criminality around alcohol, thereby affecting the types of evidence relevant to alcohol-related cases.
Amendment II
Protects the right to keep and bear arms. Relevance: While not directly related to evidence rules, laws surrounding the right to bear arms can be subject to legal scrutiny that might engage evidentiary considerations in court.
Amendment XI
Limits the jurisdiction of federal courts to hear cases against a state by citizens of another state or a foreign country. Relevance: By shaping the jurisdictional reach of federal courts, it can indirectly affect the procedural context in which evidence is presented and assessed.
Amendment XVII
Establishes the direct election of United States Senators by popular vote. Relevance: This amendment does not directly concern evidence law but establishes a significant aspect of the democratic process.
Amendment XV
Prohibits the denial of the right to vote based on race, color, or previous condition of servitude. Relevance: This amendment generally does not impact evidence rules, but it is significant for litigation concerning the protection of voting rights.
Amendment I
Prohibits Congress from making laws that establish religion or prohibit free exercise of religion, or abridge freedom of speech, press, assembly, and petition. Relevance: It underpins the protection of rights to free speech and press, which can impact the admissibility of certain types of evidence in court.
Amendment VIII
Prohibits excessive bail, excessive fines, and cruel and unusual punishment. Relevance: Though not directly impacting rules of evidence, this amendment sets limits on the government's power to punish, which can indirectly influence prosecutorial evidence gathering and charging decisions.
Amendment XIV
Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause. Relevance: The Due Process Clause has been interpreted to include a substantive component, which can impact the fairness and reliability of evidence admitted in court.
Amendment IX
Declares that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. Relevance: This amendment can influence the interpretation of the Constitution as it pertains to evidence by acknowledging the existence of rights not explicitly written in the Constitution.
Amendment VII
Provides the right to jury trial in civil cases. Relevance: Impact on evidence is less direct but grants the opportunity for a jury to examine and weigh evidence presented in civil litigation.
Amendment XII
Revises the procedure for electing the President and Vice President. Relevance: It has no direct impact on evidence law, but it sets out important procedures for one of the highest levels of government administration.
Amendment X
Reaffirms the principle of federalism by providing that powers not granted to the federal government nor prohibited to the states are reserved to the states or the people. Relevance: It affects evidence indirectly by allowing states to establish their own rules of evidence, so long as they do not violate the federal Constitution.
Amendment XIII
Abolishes slavery and involuntary servitude, except as punishment for a crime. Relevance: While historically significant for civil rights, it has minimal direct impact on the rules of evidence in court proceedings.
Amendment XIX
Grants women the right to vote. Relevance: Like other suffrage amendments, it does not directly impact evidence law but is critical for understanding the development of civil rights and could be pertinent in discrimination cases.
Amendment XX
Changes the dates on which the terms of the President, Vice President, Senators, and Representatives begin and end. Relevance: It has little to do with evidence law and is primarily administrative, addressing the transition of governmental power.
Amendment XVI
Allows Congress to levy an income tax without apportioning it among the states or basing it on the United States Census. Relevance: Its relevance to evidence law is limited; however, it could come into play in cases involving tax evasion where evidence of income is at issue.
Amendment XVIII
Established the prohibition of alcoholic beverages in the United States. Later repealed by the Twenty-First Amendment. Relevance: When it was in effect, it had implications for evidence in cases regarding the illegal production, transportation, and sale of alcohol.
Amendment IV
Protects against unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. Relevance: It is the cornerstone for the exclusionary rule, whereby evidence obtained in violation of the Fourth Amendment is inadmissible in court.
Amendment V
Provides protection against self-incrimination, double jeopardy, and mandates due process of law. Relevance: It primarily affects evidence with its self-incrimination clause, which allows individuals to refuse to testify against themselves.
Amendment XXIII
Grants residents of Washington D.C. the right to vote for President and Vice President. Relevance: While significant for representation, it does not directly pertain to evidence law.
Amendment XXII
Limits the President of the United States to two terms or a maximum of ten years. Relevance: The amendment is unrelated to evidence law and instead pertains to the regulation of the executive branch's tenure.
Amendment XXIV
Prohibits the revocation of voting rights due to the non-payment of a poll tax or any other tax. Relevance: This amendment is related to voting and civil rights and does not address evidence law directly, but can be involved in litigation regarding voter suppression.
Amendment XXV
Addresses succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. Relevance: Relates more to government continuity than to evidence and is rarely involved in legal proceedings concerning evidence.
Amendment XXVII
Prevents laws that increase or decrease Congressional salary from taking effect until the start of the next set of terms of office for Representatives. Relevance: This amendment is concerned with Congressional compensation and does not influence evidence law in any direct manner.
Amendment XXVI
Lowers the voting age from 21 to 18 years old. Relevance: It extends the franchise to a broader segment of the population, but has no direct impact on the collection, presentation, or legal considerations of evidence in court cases.
© Hypatia.Tech. 2024 All rights reserved.