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51 Cards in this Set
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- Back
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4.1.2
Define Writ of Habeas Corpus |
Writ of Habeas Corpus is the name given to a variety of writs with the objective of bring a party before a court or judge. The primary function of the writ is release from unlawful imprisonment.
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US constitution
What does Article 1, Sec. 9 of the US constitution describe? |
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
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US Constitution
Who is Article 1 of the US constitution referring to? |
Legislative Branch (made up of: Senate and House of Representatives)
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US Constitution
Who is Article 2 of the US constitution referring to? |
Executive Branch (made up of; the President & about 500,000 workers)
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US Constitution Def.
"Attainder" means; in Art. 1 sec 9 [3] |
"Attainder" means; An act of legislature declaring a person or group of persons guilt of some crime and punishing them without benefit of a trial.
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US Cons. Def.
"Ex Post facto" means; art 1. sec 9 [3] |
"Ex post facto" means; (after the fact) Changes the legal consequences of actions committed that existed prior to the enactment of the law.
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US Cons.
Who is article 3 referring to in the US constitution? |
Judicial Branch ( made up of; Supreme Court and Lower Courts)
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US Cons.
In which cases does the US Supreme Court have "Original" jurisdiction? |
Art. 3 Sec. 2 [2] In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme court shall have "original" jurisdiction. In all other cases, the Supreme court shall have appellate jurisdiction.
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US Cons.
In what state is a trial to be held in? |
Art. 3 Sec.2 [3] The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed;
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US Cons.
What is the only crime mentioned in the US constitution? |
Art. 3 Sec. 3 [1] Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
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US Cons.
The first 10 amendments are referred to as what? |
The Bill of Rights
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US Cons.
What is the 1st amendment & what case law refers to it? |
Congress shall make no law respecting an establishment of Religion, or prohibiting the free exercise thereof; or abridging the freedom of Speech, or of the Press; or the right of the people peaceably to Assemble, and to Petition the Government for a redress of grievances. (Duran v. City of Douglas AZ)
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US Cons.
What is the 4th amendment & what case law refers to it? |
The right of the people to be secure in their persons, houses, papers and effects, against Unreasonable Searches and Seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.
(Tennessee v. Garner) |
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US Cons.
What is the 5 amendment and what case law is mentioned? |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grad Jury; Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Miranda v. Arizona)
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U.S Cons.
Explain the 6th amendment and the case law that goes with it? |
(revised) Right to a speedy and public trial, by an impartial jury, where crime has been committed, be informed the nature and cause of the accusation; confronting accusers; right to counsel. (In re Gault, 387 U.S 1(1967))
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U.S. Cons.
Explain the 8th amendment? |
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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U.S. Cons.
Explain the 9th amendment? |
(Individual's Rights) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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U.S Cons.
Explain the 10th amendment? |
(States rights) The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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U.S. Cons.
Explain the 14th amendment section 1? |
(U.S. Law supersedes state law, due process and equal protection) All persons born or naturalized in the United States, are citizens of the US, and the state wherein they reside, the state shall not deprive any person life, liberty or property, without due process of law.
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TX Cons.
What is Article 1 of the Texas constitution called? |
BILL OF RIGHTS
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TX Cons.
Sec 3. Equal Rights Relates to (Amen 1 of US Cons.) |
All free men, have equal rights, and no man, or set of men, is entitled to exclusive separate emoluments, or privileges, but in consideration of public service.
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TX Cons.
Sec 3a. Equality under the law Relates to (Amen 14 of US Cons.) |
Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.
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TX Cons.
Sec 6. Freedom of Worship Relates to (Amen 1 of US Cons.) |
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.
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TX Cons.
Sec 8. Freedom of Speech and Press; Libel Relates to (Amen 1 of US Cons.) |
Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.
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TX Cons.
Sec 9. Searches and Seizures Relates to (Amen 4 of US Cons.) |
The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures and searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
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TX Cons.
Sec 10. Rights of Accused in Criminal Prosecutions. Relates to (Amen 5 & 6 of US Cons.) |
In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.
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TX Cons.
Sec 11. Bail Relates to (Amen 8 of US Cons.) |
All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident;
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TX Cons.
Sec 11a. Multiple Convictions; Denial of Bail |
Any person accused of a felony less than capital in this State, who has been therefore twice convicted of a felony, the second conviction being subsequent to the first; may be denied bail.
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TX Cons.
Sec 12 Habeas Corpus Relates to (Article 1. Sec 9 of US Cons.) |
The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.
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TX Cons.
Sec. 13 Excessive Bail or Fines; Cruel and Unusual punishment; Remedy by due course of law Related to (Amen 8 of US Cons.) |
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
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TX Cons.
Sec 14 Double Jeopardy Relates to (Amen 5 of US Cons) |
No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court competent jurisdiction.
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TX Cons.
Sec 15a Commitment Of Persons of Unsound Mind NOT IN U.S. Cons. |
No person shall be committed as a person of unsound mind except on competent medical or psychiatric testimony.
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TX Cons.
Sec 16. Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing obligation of contracts. (Article 1. Sec 9 of US Cons) |
No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.
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TX Cons.
Sec 18. Imprisonment for Debt |
No person shall ever be imprisoned for debt.
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TX Cons.
Sec 19. Deprivation of Life, Liberty, Etc; Due course of Law Relates to (Amen. 14 of US Cons.) |
No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
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TX Cons.
Sec 20. Outlawry or Transportation for offense. |
No citizen shall be outlawed. No person shall be transported out of the state for any offense committed within the same.
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TX Cons
Sec 22. Treason Relates to (Article 3. Sec 3. of US Cons.) |
Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort;
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TX Cons
Sec 23 Right to keep and bear arms Relates to (Amen 2 of US Cons.) |
Every Citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
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TX Cons.
Sec 24 Military Subordinate to Civil Authority Relates to (Amen 3 of US Cons.) |
The military shall at all times be subordinate to the civil authority.
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Tx Cons.
Sec 27. Right of Assembly; Petition for redress of grievances Relates to (Amen 1 of US Cons) |
The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.
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Tx Cons.
Sec 28. Suspension of Laws |
No power of suspending laws in this state shall be exercised except by Legislature.
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Tx Cons.
Sec 30. Rights of Crime Victims |
Crime Victims have certain rights issued under sec 30 of the Texas Constitution
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Tx Cons.
Article 17 Relates to (Article 5 of the US Cons) |
Mode of Amending the Constitution of this State; this gives the right of the legislature the right to change laws with 2/3 of the vote from the people.
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US Cons. Case Study
Describe the Duran v. City of Douglas, AZ. and which US amendment its applied to? |
This case study states that a person cannot be punished for simply failing to obey the command of an peace officer if that command violates the federal Constitution. In this case, Duran, directed a series of expletives and obscene hand gestures at a officer who responded by detaining and arresting him. They found that this was a violation of Duran's first amendment rights to freedom of speech.
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US Cons. Case Study
Describe the Tennessee v. Garner and which US amendment its applied to? |
This case requires the Supreme Court to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. They ruled that the officer must have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. This is applied to the 4th amendment, against unreasonable seizures.
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US Cons. Case Study
Describe Miranda v. Arizona and which US amendment it refers to? |
This was a Supreme court case dealing with a subjects admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the 5th amendment.
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US Cons. Case Study
Describe In re Gault and which US amendment its applied to? |
This was a Supreme Court decision which established that under the 6th & 5th Amendment, juveniles accused of crimes in a delinquency proceeding must be accorded many of the same due process right as adults.
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CJS
What are the primary components of the American Criminal Justice System? |
Police, Courts, and Correctional
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CJS
Define Civil Law? |
Civil law; that portions of law which defines the personal and property rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
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CJS
What are the primary components of the American Criminal Justice System? |
Police, Courts, and Correctional
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CJS
Define Civil Law? |
Civil law; that portions of law which defines the personal and property rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
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