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39 Cards in this Set
- Front
- Back
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Luisiana v. Rosweber (1947)
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-Supreme Court ruled that it was not unconstitutional to electrocute a convicted murderer a second time if the chair doesn't work the first time
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Wilkerson v. Utah (1879)
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-The first Supreme Court case involving cruel or unusual punishment
-Court judged death by a firing squad was not protected by the 8th amendment |
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Furman v. Georgia
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-warned the states that the death penalty was to be carried out in a fair and consistant way
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Thompson v. Oklahoma
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no death penalty under 15
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Wilkens v. Missouri
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no death penalty under 16
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8th amendment
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-protects against cruel and unusual punishement
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Exceptions to the warrant requirement
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-automobile exception
-Terry exception -searches following a lawful arrest -searches for evidence -border searches -plain-view exception -exigent circumstances |
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Autmobile exception
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Police don't need a warrant to search automobiles, partly because they move. By the time police got a warrant to search a car, only a foolish suspect would have kept the car in the same place. Also, the courts just don't see autos as places quite as private as homes.
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Terry exception
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The decision in Terry v Ohio (1968) allows brief investigatory stops and searches when the police have good reason to believe that a person has commited a crime. A Terry search is limited to a quick pat-down to check for weapons or contraband, to determine identity, or to allow time to question the suspect. If evidence is found,then the officer may conduct a full search.
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Searches following a lawful arrest exception
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Police may make a full search of all persons involved with the arrest, the areas around the arrest, and all the possessions that the suspects have at the time of their arrest. These searches may not, however, become an excuse for a general rummaging in order to discover incriminating evidence.
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Searches for evidence exception
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When probable cause allows an arrest, even if it hasn't yet been made, the police may conduct limited searches if necessary to preserve evidence, such as scraping under fingernails
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Border searches exception
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People-and their possessions- may be searched when they cross a border into the United States. Officials may also open mail entering the United States if they have probable cause to suspect that illegal activities or substances, such as drugs, are involved.
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Plain-view rule
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Evidence in plain view of the officer may be seized without a warrant. In such cases, the officer must be in a legal position to see an object that is obviously evidence of a crime. However, a police officer who forces his way into an apartment without a warrant and sees illrgal drugs on the coffee table cannot seize the evidence because he has illegally enetered the residence.
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Exigent Circumstances exception
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In urgent or critical situations, exceptions may be made to the requirement to have a warrant. For example, if evidence is about to be destroyed because a house is burning, or if a criminal is about to escape capture, an officer does not have adequate time to get a warrant.
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Exclusionary rule.
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-the rule that evidence gathered in violatoin of the Constitution cannot be presented in trial
-established in Weeks v. United States -rule applied to states in Mapp v. Ohio |
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Substantive due process
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The principle that ensures that laws must be fair to all citizens
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Procedural due process
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The rules that police officers, courts, and lawyers must follow to protect persons who are suspected, accuesd, or convicted of a crime
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due process
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-the principle that the government must not deprive a person of life, liberty, or property by unfair or unreasonable actions
-most clearly stated in the 5th and 14th amendments |
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Three important revisions in the Constitution
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-the right of a writ of habeas corpus
-the protection against ex post facto laws -a ban of bills of attainder |
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writ of habeas corpus
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-literally means "you shall have the body"
-court order that requires a judge to evaluate whether there is sufficient cause for keeping a person in jail |
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ex post facto laws
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-litterally means "after the fact"
-makes criminal an action that was legal when it was commited |
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Bill of Attainder
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-a law, prohibited by the Constitution, that pronounces a person guilty of a crime w/o a trial
-congress cannot decide that a person id guilty of a crime then impose a punishment -violation of the principle of seperation of powers |
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1990 Immigration Act
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-US set a ceiling @ 675,000 immigrants allowed to enter the US each year
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illegal aliens
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-status given o people illegally in the US
-inclused immigrants who stay after their visas expire -estimated 12million illegal immigrants in the US |
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Dred Scott v. Sanford
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-1857
-Scott was a save -his master took Scott to free state -Scott sued for his freedom -initially won then appealed to the Supreme Court -Court held that Scott was to remain property and not a citizen because the Constitution contains no definiton of a federal citizenship |
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Ways to become a citizen
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1)Be born in the US (guaranteed under the 14th amendment)
-excludes children of foreign diplomats 2)be born to a US citizen living or traveling abroad 3)Naturalization- the process by which a person becomes a citizen |
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Ways to loose citizenship
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1)expatriation-giving up citizenship to live somewhere else
2)punishment for a federal crime (such as treason) 3)result of fraud during naturalization prosess |
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Chinese Exclusion Act (1882)
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-congress set up quotas
-first time US wouldn't let a certain group in -west coast upset bcuz Chinese gave cheap labor |
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Naturalization
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-must be at least 18 years old
-must be able to read and write and speak english -must take english proficiency exam -must have lived in the US for 5 continous years -must have a background check -must swear oath of allegance -only 250,000 aloowed to be naturalized per year -11 million immigrants in the US |
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1986 Immigtation Reform and Control Act
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-illegal immigrants could become legal
-would be a crime to hire illegals *plan did not work |
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Refugees
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-flew their own country to escape persecution or hardship
-limited to 50,000 per year -between 1990-1995 there were more than 700,000 refugees -# able to be raised by President in emergency situations |
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Enemy Alien
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-citizen from foreign nations who are at war with the US
-entitled to protection under the law -times have occured when enemy aliens were restricted |
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Non-resident Aliens
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-visitors to the US for a short period of time
-business travel -students studying abroad |
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1996 Illegal Restrictions Act
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-increased size of the border patrol
-simplified deportation -increased penalties for smuggling illegal aliens -prevents illegal aliens from qualifying for Social Security benifits or public housing -allows checks on the legal status on any alien who has applied for welfare benifits |
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Resident alien
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-can own property
-run a business -attend public school -1st amendment freedoms -due process rights -cannot vote or hold public office -can be deported |
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Eminent domain
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-the government's right to take control of private property for public use
-courts have held that owner receives what a private buyer would pay -compensation is based on comparable property from the neighborhood |
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Roe v. Wade
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-1973
-Supreme Court said it Texas law was unconstitutional not allowing women to have an abortion during the first three months of pregnancy -majority decision said they were trying to balance womens' rights to privacy with the unborn child's rights to life |
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Miranda v. Arizona
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-1966
-Court requires police to give warnings (aka Miranda rights) to people they are arresting |
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Miranda Warning
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1) you have the right to remain silent
2)anything you say can and will be used against you in a court of law 3)You have the right to talk to a lawyer and have one present while you are being questioned 4)If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish 5)you can decide at any time to exercise these rights and not answer any questions or make any statements |
