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94 Cards in this Set
- Front
- Back
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Acquittal
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A not guilty decision of a judge or jury (after a trial)
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Alibi
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Proving that soneone was not at the scene of the crime
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Appeal
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A request to a higher court
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Arrest
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Taking a person into custody on the basis of a warrant
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Bail/bond
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The financial secruity given by defendents to guarantee they will appear in court when they are scheduled
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Beyond a Resonable Doubt
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The level of proff required to convict a defendant in a criminal case
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Burden of Proof
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In a criminal case, the prosecutor must produce evidence to prove the charges against the defendant
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Confession
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1) A voluntary statement by a person the he/she is guilty of a crime
2) Any admission of wrongdoing |
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Court of appeals
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The court that reveiws the cases of the District Courts. Most of their decisions are final, unless constitutional issues are raised
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Crime
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An act or failure to act which is forbidden by law and in which the law imposes some punishment
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Defendant
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The person against whom an action is brought
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Double Jeopardy
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Trying a person again for a crime for which the individual has already been found not guilty. This is a violation of the fifth amendment to the U.S constitution
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Due Process
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The idea, guarenteed by the 5th amendment, that every person accused of a crime is entitled to a fair trial
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Evidence
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Proof submitted by parties in support of their claims, defense, or counterclaims
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Felony
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A major crime (in Colorado over $200 in damage)
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Hung Jury
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A jury which is unable to reach an unanimous decision. When this occurs, the case may be retired before another jury
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Jurisdiction
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Authority or Power
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Juvenile
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A young person between the ages of 11 and 17 (in Colorado)
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Miranda Rights
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The rights possessed by people who are arrested by police
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Oath
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A formal swearing that you will tell the truth. Required of witnesses, and usually required of public officeholders, soilders, etc...
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Perjury
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Lying under oath (it is a criminal offence)
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Plaintiff
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The party bringing the action against another
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Reasonable Doubt
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A lack of sufficent certainy from the evidence that an accused person is actually guilt of a crime
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Sentence
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Punishment for a crime
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Subpoena
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An official court order which requires people to appear in court
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Testimony
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Information given by a witness under oath at a trial
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Trespass
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To go onto anothers land without right or permission
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Verdict
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The finding or decision of a jury or judge on the matter submitted to them in a trial; an opinion or judgement
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Warrant
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An order from a court to law enforcement officer(s) requiring that the person named be arrested and brought before the court to answer a specificed charge
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Witness
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One who gives evidence before a court and who attests or swears to their truthfulness under oahth
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1st amendment
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Freedom of Reliigion, Speech, Press, Assembly, Petition
(1791) |
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2nd amendment
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Right to bear arms
(1791) |
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3rd amendment
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Limits the Quartering of Troops
(1791) |
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4th amendment
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Limits searches and seizures
(1791) |
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5th amendment
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The right to Due process of law including protection against self-incrimination
(1791) |
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6th amendment
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Rights of a person accused of a crime, including the right to be represented by a lawyer
(1791) |
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7th amendment
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Jury Trial in Civil cases
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8th amendment
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Forbids unfair bail, fines, and cruel and unusual punishment
(1791) |
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9th amendment
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Citizens entitled to rights not listed in the constitution
(1791) |
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10th amendment
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Powers reserved to the states or people (reserved powers)
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11th amendment
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Rules for lawsuits against states (stave vs. state)
(1795) |
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12th amendment
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New way of electing the presidnet and vice president (vice pres and pres run as team)
(1804) |
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13th amendment
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Abolished slavery
(1865) |
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14th amendment
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Guarentees citizenship to all citizens, due process and equal protection under the law
(1868) |
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15th amendment
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Voting rights for ex-slaves
(1870) |
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16th amendment
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Power of federal Goverment to collect income taxes
(1913) |
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17th amendment
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Direct Election of senators by the people
(1913) |
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18th amendment
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National Prohibition- bands the sale of alcohol
(1919) |
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19th amendment
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Gives women the right to vote
(1920) |
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20th amendment
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Sets the date when the president and VP's term in office begins (lame duck)
(1933) |
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21st amendment
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Repeals the 18th amendment (alcholol can not be sold)
(1933) |
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22nd amendment
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Limits the president to two terms
(1951) |
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23rd amendment
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Gives the people in the district of columbia the right to vote for president
(1961) |
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24th amendment
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Forbids have to pay a "poll tax" to vote
(1964) |
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25th amendment
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Established presidential succession
(1967) |
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26th amendment
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Sets the minimum voting age at 18 years old
(1971) |
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27th amendment
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Compensation for the services of the senators and represenitives shall not take effect until an election of reps shall have intervened
(1992) |
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Who gets to impeach Federal Employees?
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House of Represenitives
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Who holds the trails of impeached officials?
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Senate
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3 Examples of checks and balances for congress
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1) Senate Aproves presidential appointments
2) House of Reps can impeach federal employees 3) Senate can hold the trials of impreached officials |
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What are the qualifications to be a House of Rep?
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1) 25 years old
2)U.S citizen for 7 years 3)Live in district represented |
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How long are House of rep terms and how many of them run?
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2 year term and all reps run
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How many members are in the House of Reps?
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435 people
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Is each state is promised at least 1 rep?
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Yes
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How is the population of the House of rep decided?
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Population of state
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How many represenitives do Colorado have?
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7
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Census
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Count the U.S population
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Who is the leader of the House of Rep?
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Speaker of the house
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What powers does the House of Rep have?
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1) Reconize members
2) Interrupt house rules |
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What are the senate Qualifications?
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1) 30 years old
2)U.S citizen for 9 years 3) Resident of state represents |
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How long are senate terms and how many run?
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6 year terms and 1/3 are reelected every 2 years
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How many members are part of the senate?
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100
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How many senate members are there per state?
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2 per state
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Who is the leader of the senate?
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President of the senate (vice president)
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Can the president of the senate vote?
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Only if there is a tie
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Who is the senates alternate leader for when the VP is gone?
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President Pro Tempore
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What are the qualitifations of the executive branch?
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1) 35 years old
2)Natural born citizen 3)Resident of US for 14 years |
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Name 5 benifits of beings president
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1) White house
2)Salary of $400,000 per year 3)Air force 1 4)Camp David 5)Staff Support |
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What are the qualifications of being apart of the judicial branch?
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There are none
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The judicial branch is made up of how many judges?
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9
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Who appoints the judges?
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Appointed by president, approved by senate
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How long is a judges term?
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Life
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What are the two types of authority that a judge has?
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1) Origional Jurisdiction- If it is state vs state
2)Appellate Jurisdiction- To agree with or change a lower courts desision |
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Cases are decided by_______vote
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Majority
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What happens if a tie occurs at the supreme court?
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The lower court decision is left standing
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What did the Marbury vs Madison case (1803) do?
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Gave the supreme court the power of judicial reveiw (to decalre constitutional or unconstitutional
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Feiner Vs. New York
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1st amendment, llegal to arrest feiner, if there is a clear or presnet danger then it is ok
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Tinker vs. Maines
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1st amendment, ruled in favor ot the tinkers, "speech" can include symbolic representation
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Amish vs. Wisconsin
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1st amendment, rulled in favor of amish, education not as important as religion
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Berger vs. New York
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4th amendment, ruled in favor of berger, invasion of privacy- must be protected
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Terry vs. Ohio
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4th amendment, ok to do a limited search on Terry, Cop can search a person if they think a crime was commited
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Sein vs.Kansas
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4th amendment, court ruled in favor of school, lockers are rented and can be searched
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Brown vs. Wisconsin
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5th amendment, ruled against Brown, loose rights if mock or abuse them
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Miranda vs. Arizona
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5th amendment, ruled in favor of Miranda, people have right to laywer at all times
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