Declaration of Rights

Question 1

The Florida Declaration of Rights in the Florida Constitution provides __________ protection for individual rights than/as the Bill of Rights of the U. S. Constitution. It cannot provide __________ protection than the Bill of Rights.

Answer 1

greater ; less

Question 2

What are the 4 suspect classifications that falls under strict scrutiny analysis?

Answer 2

1. Race
2. National Origin
3. Religion
4. Physical Disability

Question 3

What is the DOR law in regards to Establishment of Religion?

Answer 3

1. DOR provides that there must be no law respecting an establishment of religion,
2. No revenue from a state agency/subdivision can be provided in support of a religious or sectarian institution
3. Government cannot substantially burden an individual’s FREE EXERCISE OF RELIGION unless the burden furthers a compelling government interest.

Question 4

What felony must be charged by a presentment or indictment by a grand jury?

Answer 4

A Capital Felony

Question 5

What is the Right to Work under the DOR?

Answer 5

1. Prohibits agreements between employers and unions requiring employers to hire only union members.
2. Employees have the right to bargain through unions.
3. Efforts to abridge this right are subject to STRICT SCRUTINY.
4. Public employees do not have the right to strike.

Question 6

What is the mandatory waiting period for the right to bear arms in Florida and what are the exceptions?

Answer 6

3 days unless people are trading an existing handgun or for people who have a concealed weapons permit

Question 7

Habeas Corpus

Answer 7

Must be given freely, without cost or delay. May be suspended only when doing so would be essential to public safety in the case of a rebellion or invasion.

Question 8

Pretrial Detention

Answer 8

Every person charged with violation of a city or county ordinance or a crime is entitled to pretrial release unless:

1. Proof of guilt is evident,
2. presumption thereof is great,
3. person is charged with certain specific offenses (i.e. a capital crime or offense punishable by life in prison), or
4. no conditions of release sufficient to ensure defendant shows up at trial or that the integrity of the justice process will be preserved.

Question 9

Prosecution for a Crime

Answer 9

1. Except for persons in a militiam D cannot be charged with a capital crime without a PRESENTMENT or INDICTMENT by a GRAND JURY.
2. D may not be charged with other felonies without an indictment, presentment, or an information filed under oath by an officer of the court.
3. Any child under the age of 18 may be tried for delinquency instead of a crime (but is not entitled to a jury or the same procedural protections that apply to adults)

Question 10

DOR Access to the Courts

Answer 10

1. Open to every person for redress of any injury, and justice must be administered without sale, barriers, or delay.
2. Right to access may be limited by legislature if there is a reasonable alternative or the legislature can show “overpowering public necessity” for abolution of the cause.

Question 11

DOR Trial by Jury

Answer 11

All citizens have an ABSOLUTE RIGHT to trial by 6 jurors in most cases and 12 jurors in capital cases (except in equity actions, civil commitment, and eminent domain cases).