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Law and Human Rights > Ch. 11-13 > Flashcards

Ch. 11-13 Flashcards

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1
Q

Due Process Clause

A

Protects a person’s right to liberty, life, and property. Gov cannot deprive without due process of law. Uses term person instead of citizen or resident.

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2
Q

Due Process Clause Amendments

A

Fifth (Federal) and Fourteenth (State and Local)

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3
Q

Procedural Due Process

A

Government must treat persons fairly while it attempt to interfere with their liberty interests. How Gov processes and safeguards individuals and their claims

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4
Q

Substantive Due Process

A

Concerns the type of substance of behavior that is included as a “liberty” under Due Process Clause.

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5
Q

Fifth Amendment

A

No Person shall be deprived life, liberty, or property without due process of law.

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6
Q

Fourteenth Amendment

A

No state shall deprive any person of life, liberty, or property without due process of law.

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7
Q

Protected Due Process Liberties (5)

A

Privacy, Marriage, same-sex marriage, adult choice of consensual sexual activity, right to travel

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8
Q

Not Recognized as protected liberty in due process (3)

A

Physician-assisted Suicide, Right to die, private use of illegal narcotics

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9
Q

Strict Scrutiny Test

A

Most rigorous constitutional test; right to privacy is weighed against the gov’s intrusion upon this right, requires compelling need.

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10
Q

Ninth Amendment

A

The enumeration of certain rights does not deny or disparage other rights (catch all)

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11
Q

Roe V Wade (1973)

A

Court struck down a Texas Law outlawing abortion, gov could not interfere with fundamental privacy without compelling government interest.

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12
Q

Lawrence v. Texas (2003)

A

Court ruled that a Texas law outlawing homosexual sodomy, but permitting heterosexual sodomy, deprived individuals of a liberty interest protected by Fourteenth Amendment Due Process Clause.

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13
Q

Obergefell v Hodges (2015)

A

Invalidated laws against same sex marriage due to violated liberty interests under Fourteenth Amendment Due Process Clause.

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14
Q

Federal Defense of Marriage Act (DOMA) (1996)

A

Established a federal definition of marriage excluding same-sex marriage.

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15
Q

United States v Windsor (2013)

A

Found ban on same-sex marriage unconstitutional.

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16
Q

The Contract Clause

A

States cannot impair the obligations of contracts

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17
Q

Due Process as an Economic Liberty

A

Constitutional enhancement for racial equality

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18
Q

The Takings Clause (Economic Liberty Fifth Amendment)

A

Protects against government taking of private property for public use without just compensation

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19
Q

Liberty of Contract

A

Fourteenth Amendment provision to engage in contractual relations without governmental interference

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20
Q

Eminent Domain

A

Power of government to take property for public use provided just compensation

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21
Q

Agins v Tiburon (1980)

A

Clarified land-use regulation - substantially advances legitimate state interests and does not deny an owner economically viable use of his land.

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22
Q

Concept of Liberty

A

Freedom from unreasonable restraint

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23
Q

Fundamental Liberty Interests (7)

A

Speech, religious freedom, equality, association, liberty, assembly, trial by jury

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24
Q

Fundamental Rights

A

Freedom of speech
Freedom of religion
Right to vote
Right to privacy
Right to bear arms
Protection against self-incrimination
Protection against unreasonable searches and seizures
Equal protection

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25
Q

Griswold v Connecticut (1985)

A

the Court identified a constitutionally protected right to privacy, which the court reasoned prohibited states from denying birth control to married couples.

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26
Q

Strict Constructionist

A

interprets the United States Constitution in a literal and narrow manner, limiting the federal government’s powers to what is explicitly granted in the Constitution

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27
Q

Original Intent

A

Constitution should be interpreted based on the intentions of the people who created i

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28
Q

Original understanding

A

interprets the Constitution’s text as it was understood by the public at the time it was ratified.

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29
Q

Planned Parenthood v Casey (1992)

A

the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a person seeking an abortion before the fetus is viable

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30
Q

Gonzales V Carhart

A

The Fourteenth Amendment does not prevent states from passing a law against partial-birth abortion if the state bases the reasoning for the law on special ethical and moral concerns that do not apply to most other forms of abortion.

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31
Q

Dobbs v Jackson Women’s Health Organization (2022)

A

tore away the constitutional right to privacy and bodily autonomy by giving states increased rights to limit and even outlaw abortions. Fortunately, the decision did not ban abortions nationwide.

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32
Q

Bowers v Hardwick

A

Later overruled by Lawrence v. Texas, this decision found that the Fourteenth Amendment does not prevent a state from criminalizing private sexual conduct involving same-sex couples.

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33
Q

Washington v Glucksberg

A

A case in which the Court decided that a law banning physician-assisted suicide does not violate the Due Process Clause of the Fourteenth Amendment.

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34
Q

Gonzales v Oregon

A

the Court found that the Attorney General not only lacked legal authority to regulate medical practice but concluded that, if anything, the CSA denied him the very power he claimed.

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35
Q

Lockner v New York (1905)

A

the Supreme Court ruled that a New York law setting maximum working hours for bakers was unconstitutional.

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36
Q

Equal Protection Clause

A

requires the government to have a valid reason for treating people differently

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37
Q

Three Basic Constitutional Values

A

Security, Liberty, Equality

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38
Q

Thirteenth Amendment

A

Bans Slavery

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39
Q

Privileges of Immunities Clause

A

Fourteenth Amendment prohibits states from denying persons the privileges or immunities of American citizenship

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40
Q

Fifteenth Amendment

A

Government cannot deny persons the right to vote based on race, color, or previous servitude

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41
Q

Nineteenth Amendment

A

Voting rights regardless of sex

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42
Q

Twenty-Fourth Amendment

A

Prohibits poll taxes or other taxes

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43
Q

Twenty-sixth Amendment

A

Ensures persons eighteen years and older are entitled to vote

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44
Q

Civil Rights Act of 1871 “section 1983”

A

Provides anyone who, under color of state or local law, causes a person to be deprived of rights guaranteed by the US Constitution, or federal law, can be ordered to pay for damages caused to that person.

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45
Q

Title II (Civil Rights Act)

A

Provides that all persons are entitled to the full and equal enjoyment of the “goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation without discrimination or segregation on the grounds of race, color, religion, or national origin.

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46
Q

Title VI (Civil Rights Act)

A

Provides that no person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

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47
Q

Title VII (Civil Rights Act)

A

Prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national origin.

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48
Q

Title VIII (Civil Rights Act)

A

Prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, sex, familial status, or national origin. It also prohibits such discrimination in any residential real-estate transaction, including the making or purchasing of loans.

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49
Q

Title IX (Civil Rights Act)

A

Federal Education Act - No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

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50
Q

Voting Rights Act (1965)

A

Prohibits racial discrimination in elections.

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51
Q

Pregnancy Discrimination Act (1978)

A

Amends the 1964 Civil Rights act to include sex-based discrimination includes discrimination based on pregnancy.

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52
Q

Age Discrimination in Employment Act (1967)

A

Protects individuals who are 40 years of age or older from employment discrimination based on age.

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53
Q

Americans with Disabilities Act (1990)

A

Bars discrimination against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications.

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54
Q

Constitutional standards - Suspect

A

Considered highly suspicious, the discrimination interferes with fundamental rights (race and alienage discrimination)

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55
Q

Constitutional Standards - Semi Suspect

A

Somewhat suspicious and deserves a heightened form of judicial scrutiny (includes sex-based discrimination)

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56
Q

Constitutional standards - Non Suspect

A

Not suspicious and requires minimal judicial scrutiny (discrimination based on person’s wealth, age, sexual orientation)

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57
Q

Suspect Discrimination

A

Strict Scrutiny - Gov action necessary to promote compelling gov interest (race, fundamental rights)

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58
Q

Semi-Suspect Discrimination

A

Intermediate Scrutiny - government action substantially related to important gov interest (sex, legitimacy/illegitimacy)

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59
Q

Rational Basis Discrimination

A

Rational Basis Test - Government Action rationally related to legitimate governmental interest (age, Income/Wealth, Sexual orientation)

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60
Q

Brown v Board of Education (1954)

A

the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional.

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61
Q

Board of Education Oklahoma City Public Schools v Dowell (1991)

A

the Court held that school districts under federal desegregation orders could end forced busing of students and begin implementing neighborhood schools, even though this plan would likely result in a racial imbalance among the schools.

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62
Q

Affirmative Action

A

any policy that seeks to promote greater opportunities for individuals of an identifiable group, whose members have been previously excluded from or who are currently underrepresented in particular educational, employment, or social settings, using proactive measures, as opposed to more punitive methods.

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63
Q

Brown v Board of Education (II)

A

the U.S. Supreme Court ruled that states must end segregation in public schools “with all deliberate speed”

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64
Q

Plessy v Ferguson

A

Invalidated by Brown v Board of Education. “Separate but equal”

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65
Q

Race

A

Suspect form of discrimination

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66
Q

Nongovernmental Discrimination

A

Non-discrimination is a fundamental part of the principle of equality. It ensures that no one is denied their rights due to factors such as race, color, sex, religion, national origin, or other factor

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67
Q

Dred Scot v Sanford (1857)

A

enslaved people were not citizens of the United States and, therefore, could not expect any protection from the federal government or the courts.

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68
Q

Strict Scrutiny

A

holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a “compelling state interest”.

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69
Q

Intermediate Scrutiny

A

the government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.

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70
Q

Rational Basis

A

prohibits the government from imposing restrictions on liberty that are irrational or arbitrary, or drawing distinctions between persons in a manner that serves no constitutionally legitimate end.

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71
Q

Sexual Orientation

A

Non-Suspect - minimal judicial Scrutiny (Rational Basis Test)

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72
Q

De Jure Segregation

A

Established by Law

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73
Q

De Facto Segregation

A

Based on Factors not policy or laws

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74
Q

Gruttier v Bollinger (2003)

A

The Court held that the Equal Protection Clause does not prohibit the Law School’s narrowly tailored use of race in admissions decisions.

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75
Q

Gratz v Bollinger (2003)

A

The admission procedure discriminated against certain racial and ethnic groups in violation of the Equal Protection Clause of the Fourteenth Amendment.

76
Q

Fisher v University of Texas (2013)

A

use of race as a consideration in admission decisions was in violation of the equal protection clause of the Fourteenth Amendment.

77
Q

Race

A

Strict Scrutiny - Suspect

78
Q

Sex-Based (Gender) Discrimination

A

Intermediate Test; Non-Suspect (Upheld if rationally related to legitimate government interest)

79
Q

Alienage

A

Suspect-Strict Scrutiny

80
Q

Illegitimacy

A

Non-Suspect or Semi-Suspect (Intermediate Scrutiny)

81
Q

Age

A

Non-Suspect (Rational Basis Review)

82
Q

Wealth/Indigency

A

Non-Suspect for equal protection purposes

83
Q

Gerrymandering

A

Misuse or abuse of legislative redistricting

84
Q

Frontiero v Richardson

A

Sharron Frontiero, who won a gender discrimination lawsuit against the U.S. Air Force, with her husband Joseph for him to receive military spouse benefits. Court ruled that a law classifying benefits on the basis of gender violated the Due Process Clause 5th Amendment.

85
Q

United States v Virginia

A

Virginia Military Institute male-only admissions policy was unconstitutional. failed to show “exceedingly persuasive justification” for gender-biased admissions policy, Virginia violated the Fourteenth Amendment’s equal protection clause.

86
Q

Students for Fair Admissions v President and Fellows of Harvard College

A

race-conscious affirmative action, the consideration of an applicant’s race as one factor in making an admissions decision particularly to realize the educational benefits of diversity violates Due Process Clause 5th Amendment.

87
Q

Federal and States different approach to Sexual Orientation Cases

A

“intermediate scrutiny” standard to sex-based classifications, meaning they are considered “semi-suspect,” there can be slight variations in how individual courts interpret and apply this standard, with some states potentially being more lenient in upholding sex-based laws compared to federal courts when reviewing similar cases;

88
Q

Romer v Evans (1996)

A

Colorado voters passed Amendment 2, which prevented the state from passing laws or policies that would protect LGBTQ+ people from discrimination; violates equal protection clause. failing the “rational basis” test, meaning the law lacked a rational relationship to a legitimate government purpose

89
Q

Search and Seizure (Fourth Amendment)

A

Bars government from engaging in unreasonable searches and seizures of persons, houses, papers, and effects

90
Q

Warrant Provision (Fourth Amendment)

A

Provides that the government must demonstrate probable cause before a warrant will be issued by a judge.

91
Q

Grand Jury Provision (5th Amendment)

A

Requires the government to obtain a grand jury indictment in order to charge a person with a capital offense or a felony (not all states use; not incorporated)

92
Q

Double Jeopardy Clause (Fifth Amendment)

A

Provides that government may not punish a person twice for the same offense

93
Q

Self Incrimination Provision (5th Amendment)

A

states that within a criminal case, individuals cannot be forced to provide testimony against themselves

94
Q

Due Process Clause (Fifth Amendment)

A

Provides that the federal government may not deprive a person of life, liberty, or property without due process of law

95
Q

Sixth Amendment Provisions

A

-Speedy Trial Provision
-Right to Public Trial
-Right to be heard by jury of your peers
-Right to be informed of your charges
-Confrontation Clause (view and cross examine witnesses against you)
-Compulsory Process Clause (Compel witnesses to testify)
-Right to an attorney

96
Q

Eighth Amendment Provisions

A

-Protection from excessive bail
-Protection from excessive fines
-Protection from Cruel and Unusual Punishment

97
Q

Constitutional Provisions not incorporated to states

A

-5th Right to Grand Jury
-8th Excessive Bail

98
Q

Fourth Amendment (3 Categories of acceptable Searches and Seizures)

A
  1. Seizure, detention, arrest of persons
  2. Searches and seizures of evidentiary materials conducted pursuant to a valid warrant
  3. Warrantless searches and seizures
99
Q

Unlawful Seizure of Persons

A

Law enforcement officer uses force or threat of force to detain a person, thereby causing the person to reasonably believe that they cannot freely leave the presence of officer (courts observe totality of circumstances, including reasonableness)

100
Q

Two Types of Arrests

A
  1. Arrests made pursuant to an arrest warrant
  2. Warrantless searches
101
Q

Most Severe form of governmental seizure under fourth amendment

A

Police use of deadly force against an individual

102
Q

Based in totality of circumstances

A

a legal standard used to review arrests and seizures of persons and or property to determine whether probable cause or reasonable suspicion exists. Look at the big picture, actions of the officer, the words used, the location of the detention, the length of the detention or stop.

103
Q

Reasonable Standard

A

Attempts to assess what a reasonable person would do or believe under the circumstances

104
Q

Arrest

A

Seizure of an individual, by public official, taken into custody for criminal processing

105
Q

Warrant

A

Court Order supported by probably cause authorizing law enforcement to arrest an individual

106
Q

Home Arrest

A

Usually requires warrant; some circumstances of warrantless arrest

107
Q

Cases of Warrantless Arrest

A

Hot Pursuit, Imminent Danger, Evidence Destruction, Suspect in Doorway, someone lets police in, Plain View

108
Q

Probable Cause Standard

A

Sufficient, articulable, and trustworthy information to reasonably believe that a person has committed a crime; Not easily defined, depends on totality of circumstances

109
Q

Do you need probable cause for a warrantless arrest

A

Yes-The suspect commits a felony in the officer’s presence
The officer is in hot pursuit of a fleeing felon
The officer needs to prevent the suspect’s escape or preserve evidence

110
Q

Are the majority of arrests made with or without a warrant

A

The majority of arrests are made without a warrant as long as police officers have probable cause to believe a crime has been committee

111
Q

Use of Deadly Force

A

Potentially deadly techniques to apprehend or stop an individual

112
Q

When can a police officer use deadly force?

A

Imminent Danger and immediate necessity

113
Q

Reasonable test standard for deadly force

A

officers can only use deadly force when they have a reasonable belief that a suspect poses an imminent threat of death or serious bodily harm to themselves or others, considering the totality of the circumstances in a given situation

114
Q

Tennessee V Garner (1985)

A

Garner, a 15-year-old unarmed suspect who was fleeing after a burglary. The officer shot Garner in the back of the head after Garner began to climb a fence to escape; using deadly force to stop a fleeing suspect is a violation under the Fourth Amendment

115
Q

Graham v Connor (1989)

A

Graham, a diabetic, fell over after exiting a convenience store and was handcuffed by officers, resulting in injury. Established the objective reasonableness standard for when law enforcement can use force on a suspect.

116
Q

Objective Reasonableness Test

A

-severity of crime
-suspect poses an immediate threat to officers, self, or others
-suspect is actively resisting arrest or attempting to evade arrest by flight

117
Q

Scott v Harris (2007)

A

The Court rules that a police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.

118
Q

Terry Stops (Investigatory stops)

A

allow officers to briefly detain persons for legitimate investigative purposes, even when the officer does not have probable cause to believe a crime has occurred. (different from an arrest, must be reasonable and relatively brief)

119
Q

Terry v Ohio

A

3 men stopped on reasonable suspicion of planned robbery (stopped and frisked)

120
Q

Stop and Identify Laws

A

Stop and identify laws allow police to ask for identification from people they reasonably suspect of criminal activity

121
Q

Motor Vehicle Stops

A

Generally speaking are based on probable cause or reasonable suspician

122
Q

Traffic checkpoints; sobriety checkpoints

A

Are okay as long as police are not found discriminatory in their choice of vehicle.

123
Q

Evidentiary Searches and Seizures

A

Searches and Seizures of places and things

124
Q

Constitutional Factors of Search and Seizures

A
  1. Whether a search or seizure involves some type of substantial action
  2. Whether the search or seizure interferes with a person’s reasonable expectation of privacy
  3. Whether the government physically occupied someone’s private property for purposes of gathering evidence
125
Q

Katz v United States

A

FBI monitored Katz phone booth conversations without warrant. SC sided with Katz stating his Fourth Amendment right to privacy was violated

126
Q

Kyllo v United States (2001)

A

Suspicious that marijuana was being grown in petitioner Kyllo’s home in a triplex, agents used a thermal-imaging device to scan the triplex without a warrant. Found to be a violation of Fourth Amendment Right to Privacy

127
Q

United States v Jones (2012)

A

Court found that a police department’s placement of a GPS tracking device on a man’s Jeep without his knowledge was a violation of the Fourth Amendment Right to Privacy

128
Q

Open Fields Doctrine

A

Exception to requirement of search warrant for seizure if object is in open and public view

129
Q

Warrant-based searches and seizures

A

Search warrant properly executed will be deemed reasonable and constitutional under the Fourth Amendment.

130
Q

Validity of Search Warrant

A

-Based on probable cause
-issued by neutral judge or magistrate
-is sufficiently detailed describing the person or places to be searched and the items to be seized.

131
Q

Proper execution of a warrant

A

-Must be fairly executed by law enforcement (must be a police officer as opposed to a private figure)

132
Q

Four Corners Rule

A

The application must demonstrate on the paper of the warrant what the probable cause is (everything must be included) Verbal statements invalid

133
Q

Franks v Delaware (1978)

A

Supported by probable cause or false or misleading statement; information on search warrant application was called into question

134
Q

Knock and Announce

A

Requirement where police must knock and announce their presence; requesting the door be opened before they can gain entry

135
Q

No Knock Warrants

A

Warrant giving permission to execute search without knocking

136
Q

Good Faith Exception to Valid Warrant

A

Police make a small mistake in execution of warrant; can be excused if it can be proved it was in good faith

137
Q

Warrantless Searches and Seizures (Exceptions)

A

-Search incident to a lawful arrest
-Consent Searches
-Plain View Searches
-Stop and Frisk Searches

138
Q

Chimel v California (1969)

A

police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach (wingspan) of the person without a warrant.

139
Q

Protective Sweep

A

Law enforcement may search if they believe accomplices may threaten the safety of officers

140
Q

Riley v California (2014)

A

required officers to obtain warrants for accessing the contents of cell phones found in a search, ensuring that searches of digital data are conducted within constitutional limits.

141
Q

Consent Search

A

Individual gives express consent to be searched by Law Enforcement; considers age, intoxication, validity of consent, language barrier, mental capacity

142
Q

Arizona v Hicks (1987)

A

Police entered a home in search of shooting suspect; while inside saw stereo equipment, suspected stolen, reads and records serial components (touching and moving them) defendants charged them with theft; SC invalidated search

143
Q

Terry Search (Stop and Frisk)

A

Does not need a search warrant; if criminal contraband is found it is valid

144
Q

Plain Feel Exception

A

As part of properly executed pat down; any drug paraphernalia etc found does not need a warrant to seize

145
Q

Exigent Circumstances of Search and Seizure

A

-Hot Pursuit
-Public Safety (fire)
-Evidence may be destroyed or evaporate
-Vehicle Searches (PC)
-Border Searches
-School Searches

146
Q

Evanescent Evidence Exception

A

Evidence may be destroyed or evaporated

147
Q

New Jersey v TLO(1985)

A

New Jersey public school principal has the right to search a student’s purse without a warrant so long as the search is reasonable

148
Q

Safford Unified School District v Redding

A

Savanna’s Fourth Amendment rights were violated when school officials searched her underwear for non-prescription painkillers. (Strip search)

149
Q

Right against Self Incrimination (Fifth Amendment)

A

Provides individuals have a right against self-incrimination
Gov cannot coerce or force individuals to provide incriminating statements against themselves, including confessions, within a criminal context

150
Q

Exceptions to Right to Self Incrimination

A

Does not preclude individuals from knowingly, intelligently, and voluntarily providing statements to government, nor does it prevent compelling of nonincriminating statements or cases where they do not face criminal liability (ONLY SPOKEN NOT PHYSICAL EVIDENCE) Does not protect other forms of evidence (blood, saliva, DNA, handwriting samples, tangible evidence) Person Must be within governmental custody and custodial interrogation before 5th amendment applies

151
Q

Miranda Warnings

A

Prior to engaging in custodial interrogation, police must inform suspects of their constitutional rights if they wish to use evidence gathered during interrogations

152
Q

Miranda Warnings Include

A

-Right to remain silent
-Anything you say can and will be used against them in court
-The right to an attorney
-If they cannot afford an attorney, one will be provided for them

153
Q

Lichtman Case (Miranda)

A

Psychologist counseled depression/anxiety; defrauded state health benefit plans approx 3.5 mil; Did not need miranda rights read; not custodial situation

154
Q

Exclusionary Rule

A

Judicially created remedy for violations of the Fourth, Fifth, Sixth Amendment, excludes unconstitutionally obtained evidence from a criminal trial

155
Q

Fruit of the Poisonous Tree

A

Extends the exclusionary rule to all evidence obtained as a result of the initial piece of unconstitutionally obtained evidence

156
Q

Independent Source Rule

A

If the police can show that the evidence was obtained by a source that is separate or independent from the originally tainted method, then it is an exception to the exclusionary rule and will be allowed

157
Q

Intervening Circumstances Rule

A

Allows evidence to be admitted if new circumstances or events break the causal link between the illegal actions of the police and the ill-gotten evidence (Defendant voluntarily provides to the police evidence they had originally seized illegally then it may be admissible due to intervening confession)

158
Q

Inevitable Discovery Rule

A

Gov can show that the evidence would have been obtained through other means

159
Q

Right To Counsel (Fifth and Sixth Amendments)

A

Court interpreted 6th Amend applies after formal charges have been filed against a defendant; 5th Amend Right to Counsel during custodial interrogation can be present even before charges have been filed

160
Q

Denial of Right to Counsel

A

If counsel is denied to an individual during a critical pretrial stage, any evidence gathered by the government as a result of such denial can be excluded

161
Q

Waive Right to Counsel

A

Defendant has to show they are competent in the law or capable of representing themselves

162
Q

Effective Assistance

A

Not just entitled to an attorney but to effective assistance of counsel; to prove a violation of right to counsel a defendant must show the attorney’s representation fell below objective standards of reasonableness

163
Q

Custodial Interrogation

A

Law enforcement officer has detained someone for criminal investigation. Must Read Miranda Rights

164
Q

Weeks v United States (1914)

A

Defendant arrested without warrant in MO for using mail to transport lottery tickets. SC ruled Fourth Amendment protects citizens from warrantless searches and seizures of private property.

165
Q

Mapp v Ohio (1962)

A

Extends protections against search and seizure to state courts

166
Q

Gideon v Wainwright (1963)

A

Gideon was charges and appeared in court without a lawyer, asking judge to appoint one. The SC ruled unanimously that the right to counsel is a fundamental right that applies to all criminal defendants.

167
Q

Double Jeopardy

A

Fifth Amendment provides that no person shall be tried for the same offense twice. A defendant may be tried in a criminal case and then later tried in civil proceedings and vice versa.

168
Q

Dual Sovereignty Doctrine

A

Federal and state governments may try a person for the same act, and two or more states may try a person for the same act because they are separate sovereigns.

169
Q

Exceptions to the right against double jeopardy

A

A person may be tried multiple times if the prior trial ended in a hung jury or the declaration of a mistrial, or their initial conviction was revered on appeal, or if they breach their terms of their plea agreement.

170
Q

Hung Jury

A

jury that is unable to reach a verdict by the required voting margin

171
Q

Hurricane Carter

A

Tried twice for the murders he was wrongly accused of, with both convictions eventually being overturned due to concerns about racial bias and prosecutorial misconduct; although they attempted to try him a third time, the case was ultimately dismissed.

172
Q

Mistrial

A

Occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; can occur with procedural error, misconduct, or any circumstance which may result in an unfair trial.

173
Q

Right to a Fair Trial

A

-Speedy and Public trial by impartial jury (for serious offenses with penalty of greater than 6 months) and the right to due process

174
Q

Right to Confront Witness (6th)

A

Criminal defendants have the opportunity to cross-examine witnesses who have been presented against them during criminal proceedings.

175
Q

Proportionality Doctrine

A

Punishment must fit crime

176
Q

Proportionality of Punishment Considerations

A

Seriousness of the offense, severity of punishment proposed, type of sentences given to others with the same offense in the same jurisdiction

177
Q

Cruel and Unusual Punishment Applies to

A
  1. Proportionality of Punishment
  2. Status Crimes
  3. Death Penalty
  4. Prison Conditions
178
Q

Status Crimes

A

Character traits are generally a prohibited consideration; such as a persons status as a heroin addict

179
Q

Death Penalty

A

Applied to adults who are convicted of directly committing murder

180
Q

Harder job; Prosecutor or defense attorney?

A

Burden of Proof is on prosecutors to prove without a reasonable doubt that a crime was committed AND that the crime was committed by the defendant

181
Q

Apprendi v NJ (2000)

A

Established the Apprendi Rule; Apprendi had increased penalties as it was proven his crime committed was motivated by racial hate; Fact Finding authority of judges in making enhanced sentencing decisions

182
Q

Ring v Arizona (2002)

A

Supreme Court held that a defendant has the right to have a jury, rather than a judge, decide on the existence of an aggravating factor that makes the defendant eligible for the death penalty.

183
Q

Blakely v Washington (2004)

A

Blakely pleaded guilty of his estranged wife. An exceptional sentence increase based on judge’s determination that Blakely acted with “deliberate cruelty” violated his Sixth Amendment right to trial by jury.

184
Q

State v Booker (2005)

A

Involved drug defendant whose sentence was increased by judge based on facts not found by the jury. Violation of Sixth Amendment right to trial by jury (Direct ruling based on Blakely v Washington) Federal Sentencing Guidelines are advisory not mandatory

185
Q

Brady v Maryland

A

SC held prosecution’s suppression of evidence violated the Due Process Clause of the Fourteenth Amendment.

186
Q

Batson v Kentucky

A

All white jury convicted Batson; challenged removal of non-white jurors as violating Sixth Amendment right to an Impartial Jury and the Equal Protection Clause of the Fourteenth Amendment. SC affirmed convictions. (Cannot exclude jurors based solely on race).

Law and Human Rights (3 decks)

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