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A category of rights that the SCOTUS has set aside as deserving special protection from infringement by the government.
Conditions of Release
Morrissey v. Brewer (1972)
Mempa v. Rhay (1967)
Fundamental Rights
- Option 1: Conditions of Release
This refers to rules set for someone released from custody before trial or after sentencing. They’re important for public safety but aren’t a special rights category.
- Option 2: Morrissey v. Brewer (1972)
This Supreme Court case required due process for parolees in revocation hearings. It’s a major decision, but not a rights category.
- Option 3: Mempa v. Rhay (1967)
This case said defendants are entitled to counsel at certain stages of criminal proceedings. Again, it’s about specific rights in context, not about a broad, protected category.
- Option 4: Fundamental Rights
Here’s the thing: Fundamental rights are those the Court says are so important, the government has to meet strict requirements before it can limit them. Think: free speech, right to privacy, etc. They get “special protection” because they’re core to liberty and fairness.
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