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41 Cards in this Set
- Front
- Back
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Due process
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The government must act fairly and in accord with established rules in all that it does; clauses outlining this are found in the 5th and 14th Amendments
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Substantive due process
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The government must create fair policies and laws
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Procedural due process
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The government must employ fair procedures and methods
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Police power
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The authority of each state to act to protect and promote the public health, safety, morals, and general welfare of its people
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Search warrant
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A court order authorizing a search
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Involuntary Servitude
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Forced labor
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Discrimination
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Bias, unfairness
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Writs of assistance
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a BLANKET search warrant with which British custom officials had invaded private homes to search for smuggled goods; prohibited in the U.S., where all warrants must be SPECIFIC about WHAT the police are searching for and WHERE they expect to find it
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Probable cause
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what the police must show a judge before he/she will issue a warrant; evidence of reasonable grounds, a reasonable suspicion of crime
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Exclusionary rule
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Evidence gained as the result of an illegal act by police cannot be used against as the person from whom it was seized; it's viewed as "fruit of the poison tree"
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Writ of habeas corpus
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A court order which prevents unjust arrests and imprisonments
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Bill of attainder
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A legislative act that inflicts punishment without a court trial
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Ex post facto law
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A law applied to an act committed before its passage
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Grand jury
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The formal device by which a person can be accused of a serious crime by means of an INDICTMENT, as opposed to a petit jury, which decides the verdict in a trial; It’s the group of people that must look at the EVIDENCE and decide that there is enough to bring you to TRIAL. If they decide there’s enough evidence, they issue an INDICTMENT
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Indictment
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A formal complaint before a grand jury which charges the accused with one or more crimes
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Double jeopardy
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Part of the 5th Amendment which says that no person can be put in jeopardy of life or limb twice. Once a person has been tried for a crime, he or she cannot be tried again for the same crime. But this applies only to CONVICTIONS not to MISTRIALS.
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Bench trial
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A trial in which there is no jury, rather the judge alone hears the case
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Miranda rule
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The constitutional rights which police must read to a suspect before questioning can be occur; the right to remain silent, to have a lawyer, etc.
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Bail
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A sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time
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Preventive detention
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A law which allows federal judges to order that an accused felon be held, without bail, when there is good reason to believe that he or she will commit yet another serious crime before trial
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Capital punishment
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The death penalty
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Treason
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Betrayal of one's country; according to the constitution, treason is committed by levying war against the United States or offering comfort or aid to its enemies
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4th, 5th, and 6th Amendments
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CRIMINAL PROCEDURE CIVIL LIBERTIES are found in these amendments
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unreasonable search and seizure
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prohibited by the 4th Amendment
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exigent circumstances
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an emergency, e.g., circumstances involving a weapon or dangerous drugs
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Mapp v. Ohio (1961)
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case in which the Supreme Court ruled that any EVIDENCE seized pursuant to an ILLEGAL search cannot be used against a defendant.
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Vehicle searches
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In general, the courts have been very lenient with these because a vehicle can drive away while an officer goes to get a warrant
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Students
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The courts have ruled that they don’t have the same protections in school as they do on the street because the interest of the STATE in keeping a SAFE, DRUG and WEAPON-FREE educational environment trumps their PRIVACY interests, although there are limits to how INTRUSIVE these searches may be.
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Reasonable suspicion
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So school officials don’t need PROBABLE CAUSE to conduct a legal search; they need only this
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Privacy vs. Public Safety
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The courts an attempt to BALANCE these conflicting values when considering the 4th Amendment
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Self-incrimination
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You can’t be compelled to be a WITNESS against yourself. This protection against is the most important protection offered by the 5th Amendment.
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Miranda v. Arizona (1966)
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The Supreme Court ruled in this case that if you are unaware of your DUE PROCESS RIGHTS, those rights do not exist for you; therefore, when they arrest you, the POLICE must INFORM you of these rights
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Eminent Domain
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The 5th Amendment guarantees that PRIVATE PROPERTY may not be taken for PUBLIC use without JUST COMPENSATION.
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Speedy and public
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The 6th Amendment guarantees that all trials must be both of these.
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Peers
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You must have a JURY of these, not of POLICEMEN or GOVERNMENT OFFICIALS, although you can waive your right to a jury in favor of a BENCH TRIAL
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Subpoena
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The 6th Amendment guarantees you the right to compel witnesses to appear in your favor
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Cross-examination
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The 6th Amendment guarantees you the right to confront witnesses against you; that’s the right to this
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Counsel
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The 6th Amendment guarantees you the right to this in preparation and presentation of your defense
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Gideon v. Wainwright (1963)
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In this case, the Supreme Court said that the 6th Amendment means you have the right to an attorney in all felony cases because those are the ones which might cause loss of life and/or liberty.
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Arbitrary
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without cause or reason; guarantees of civil liberties are designed to prevent the state from making this kind of arrest
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Just compensation
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the 5th Amendment guarantees that the government cannot take private property for public use without providing this
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