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18 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Difference between procedural and substantive due process |
Substansive: limitations put on the gov preventing the infringement of civil rights and liberties. Procedural: limits on how a law is enforced.
DIFFERENCE: However, a distinction between the two due processes is noticed where the procedural due process (PDP) aims to protect the fundamental rights of a citizen by ensuring that government follows the rules, and a free and fair trial is given to him. On the other hand, substantive due process prevents the government from exceeding the limits set upon itself by the law of the land
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Habeas Corpus |
Document intended to prevent unjust arrests and imprisonment |
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Bill of attainder |
Legislative act allowing punishment without court trial |
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Police power |
Constitution granted power of a state to make, adopt, and enforce laws for public health and safety, security, and welfare. |
Constitution-granted power |
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Ex post facto |
Can't be punished for a former crime that is now legal |
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Grand jury |
Jury held determine if there is enough evidence in order to conduct a court trial. Only the prosecution needs to show up. |
Prosecution |
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Indictment |
Formal complaint offered by prosecution in a grand jury, charging the accused with one or more crimes |
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Bench trial |
Trial by only the judge without a jury. |
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Probable cause |
Reasonable grounds to initiate a search. |
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What must a court tell the accused? |
What they are accused of Witnesses who are against them You can have your own witness Right to an attorney AYWA |
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Why was the bull of rights incorporated? |
State and individual rights, prevention of the tyranny of the majority, and for the ratification of the Constitution. |
Anti-Federalists |
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Exclusionary Rule |
Legal principle which holds that evidence collected illegally is sometimes inadmissible for a criminal prosecution in a court of law. |
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Purpose of Miranda rule? |
Letting the people know what their rights are, and protecting us from self incrimination and having the right to an attorney. |
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Amendments Matching |
Self incrimination - 5th amendment Implied Rights - 9th Amendment Breathalyzer Test - Police Power Unjust arrest/imprisonment - Habeas Corpus |
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Purpose of Bail |
Preparation for a court trial |
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Main argument for abortion and key points |
Main argument for abortion is privacy, right to "control" your own body When can abortion be rejected? 1st trimester - your own right 2nd - can be regulated, but not necessarily denied all the time 3rd trimester - absolutely not |
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Can laws be passed with a mandatory death sentence? |
NO. Theres a 2 step process for determining a death penalty verdict 1st - Innocent or guilty? 2nd - Death Penalty Decision |
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Clash between Police Power and our Rights |
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