Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
44 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Main sources of civil liberties |
The Bill of Rights - first 10 Article I Section 9 -habeas corpus -ex post factory laws - bills of attainder 14th Amendment |
|
|
|
Selective Incorporation |
Doctrine used by the supreme court to make the bill of rights binding on the states |
|
|
|
Barron v. Baltimore 1833 |
Ruling: State governments are not bound by the Fifth Amendment's requirement for just compensation in cases of eminent domain. |
|
|
|
Gitlow v. New York 1925 |
Ruling: The Fourteenth Amendment prohibits states from infringing free speech, but the defendant was properly convicted under New York's Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government. |
Freedom of speech |
|
|
Near v. Minnesota 1931 |
Ruling: A Minnesota law that imposed permanent injunctions against the publication of newspapers with "malicious, scandalous, and defamatory" content violated the First Amendment, as applied to the states by the Fourteenth. Minnesota Supreme Court reversed. |
Freedom of the press Prior restraint illegal |
|
|
Powell v. Alabama 1932 |
Ruling: A state must inform illiterate, defendants charged with a capital crime that they have a right to be represented by counsel and must appoint counsel for defendants who cannot afford to hire a lawyer and give counsel adequate time to prepare for trial. |
6th amendment Right to council Group of men charged with rape. The trial was rushed, no time to prep |
|
|
De Jonge v. Oregon 1937 |
Ruling: Even though the Communist Party generally advocated violent revolution, the First Amendment bars a prosecution for attending a peaceful public meeting called by that Party. |
Freedom of assembly |
|
|
Cantwell v. Connecticut 1940 |
Ruling: The Free Exercise Clause of the First Amendment is incorporated against the states by the Fourteenth Amendment. |
Freedom of religion Jehovah witnesses |
|
|
Everson v. Board of Education 1947 |
Ruling: Supreme Court found that the New Jersey law was not in violation of the Establishment Clause. |
No establishment of religion Government was funding public and private students transportation Agured that private funding was establishing religion |
|
|
In re Oliver 1948 |
Ruling: The secrecy of petitioner's trial for criminal contempt violated the due process clause of the Fourteenth Amendment. The failure to afford petitioner a reasonable opportunity to defend himself against the charge of giving false and evasive testimony was a denial of due process of law. |
Right to public trial |
|
|
Wolf v. Colorado 1949 |
Ruling: The Fourteenth Amendment does not require that evidence obtained in violation of the Fourth Amendment be excluded from use by the states in criminal prosecutions. |
Right against unreasonable search and seizure |
|
|
Mapp v. Ohio 1961 |
Ruling: The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. |
Exclusionary rule |
|
|
Robinson v. California 1962 |
Ruling: Punishing a person for a medical condition is a violation of the Eighth Amendment ban on cruel and unusual punishment. |
Right against cruel and unusual punishment |
|
|
Gideon v. Wainwright 1963 |
Ruling: All defendants must be appointed counsil if they cannot afford one |
Right to council Drifter denied council Researched from prison, got appeal |
|
|
Malloy v. Hogan 1964 |
Ruling: Cannot force one to be a witness against ones self |
Right against self-incrimination |
|
|
Pointer v. Texas 1965 |
Ruling: The right granted to an accused by the Sixth Amendment to confront the witnesses against him, which includes the right of cross-examination, is a fundamental right essential to a fair trial and is made obligatory on the States by the Fourteenth Amendment. |
Right to confront witness |
|
|
Parker v. Gladden 1966 |
Ruling: The bailiff's statements violated the command of the Sixth Amendment, made applicable to the States by the Fourteenth, that the accused shall enjoy the right to a trial by an impartial jury and be confronted with the witnesses against him. |
Right to impartial jury |
|
|
Griswold v. Connecticut 1969 |
Ruling: A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. |
Right to privacy |
|
|
What amendment is the right to privacy found? |
Privacy is never actually stated in the constitution, but it is implied. 1st, 3rd, 4th, 5th, 6th, and 9th amendments |
|
|
|
Klopfer v. North Carolina 1967 |
Ruling: By indefinitely postponing prosecution on the indictment over petitioner's objection and without stated justification, the State denied petitioner the right to a speedy trial guaranteed to him by the Sixth and Fourteenth Amendments of the Federal Constitution. |
Right to a speedy trial |
|
|
Washington v. Texas 1967 |
Ruling: The Compulsory Process Clause is incorporated against the states. Under that Clause, the Texas law at issue unconstitutionally bars defendants from obtaining witnesses in their favor because it blocks a "relevant and material" witness from testifying for the defense. |
Right to compulsory process |
|
|
Duncan v. Louisiana 1968 |
Black teen accused of simple battery by whites. Trial was without jury |
Right to trial by jury |
|
|
Benton v. Maryland 1969 |
Ruling: The Fifth Amendment protection against double jeopardy is enforceable against the states through the Fourteenth Amendment. First trial jurers we're sworn that they believe in God |
Right against double jeopardy |
|
|
Argersinger v. Hamlin |
A criminal defendant may not be actually imprisoned unless provided with counsel |
Right to council |
|
|
Compelling interest test |
-if a state has a compelling interest in passing the law; is the law necessary for the functioning of government - is the law narrowly drawn to meet that interest |
How courts determine if civil liberties have been violated |
|
|
1st amendment |
Freedom of religion, speech, press, assembly, and to petition the government |
|
|
|
2 exceptions to freedom of speech |
Slander/Libel Fighting words/incitement |
|
|
|
Chaplinsky v. New Hampshire 1942 |
Freaking jwit verbally abusing a cop |
Fighting words |
|
|
Brandenburg v. Ohio |
Ku klux rally |
Incitement |
|
|
Doe v. University of Michigan |
Tried to limit freedom of speech because of hate speech |
|
|
|
Texas v. Johnson |
Flag burning |
Symbolic speech |
|
|
Lemon test |
- does the law or practice have a secular purpose - does it neither advance nor inhibit religion - does it not Foster excessive government entanglement with religion |
Determines if law violates the establishment clause |
|
|
McDonald v. Chicago |
Gun rights |
|
|
|
District of Columbia v. Heller |
Gun rights |
|
|
|
2nd amendment |
Right to bare arms |
|
|
|
3rd amendment |
Quartering of soldiers in private homes |
|
|
|
4th amendment |
Protects against unreasonable search and seizure |
|
|
|
Good faith exception |
Allows evidence to be used if the police obtain a warrent but the warrent is later found to lack probable causr |
|
|
|
5th amendment |
Protects the right against self incrimination and being forced to testify against ones self Right to trail by jury |
|
|
|
6th amendment |
Right to council and trial by impartial jury |
|
|
|
Bakke v. California |
No longer quotas in colleges |
|
|
|
Gratz v. Bollinger |
Point increase |
|
|
|
Loving v. Virginia |
Interacial marriage |
|
|
|
Korematsu v. Us |
Jap camps |
|
