Chapter 20 Flashcards
Due process clause
2. Substantive due process
The government must use fair laws.
Black codes, Jim Crow laws
Due process clause
1. Procedural due process
The government must act fairly.
a. Rochin vs. ca- drug case
Cops need to treat us fairly
14th amendment
Due process clause
Interpret when states are violating rights
Due process clause
Police power
4
The power of states to protect or promote…
- Health- shots
- Safety- seat belts, gun laws
- Morals- gambling
- General welfare- food stamps wick
-abortion -roe vs wade -Casey vs planned -parent hood of pa 1992
Due process clause
Abortion cases
- Roe vs wade 1973- legalized abortion, rules, restrictions
- Casey vs planned- more restrictions, 24 hour mandatory waiting period
-parenthood of pa 1992
The silent scream
3 Constitutional restrictions
1.
- Writ of haveas corpus
Written in constitution
Another word: the writ of liberty- to prevent unjust imprisonment
3 Constitutional restrictions
2.
Bills of attainer- punishment without trial.
3 Constitutional restrictions
3.
Expost facto laws- After the fact
criminal laws- charged for crime with no law later with law
- works to disadvantage of the accused.
No writs of assistance
4th
No court order of assistance.
Blanket search warrant 4th
Does not exist
Probable cause 4th
Reason to believe a crime has been committed.
Search warrant 4th
Allows police to search. Have to indicate where are you going to search for and what are you going to search for.
Weeks doctrine 4th
Fruit of the poisonous tree doctrine.
Weeks v. USA- first case supreme Court area illegally obtained evidence found illegally 1914 federal case national/federal level.
Exclusionary rule 4th
Any evidence obtained in a illegal search cannot be used in court.
Wiretapping 4th
It is legal but they need a warrant
4th Exceptions- not needing a warrant
1.
When evidence is in Plainview
Exceptions- not needing a warrant
2.
Hot pursue
Exceptions- not needing a warrant
3.
Immediate area of an arrest
Exceptions- not needing a warrant
4.
Movable scene
4th Exceptions- not needing a warrant
5.
Flirted movement
Mapp v. Ohio (1961) 4th
All evidence obtained by searches and seizures in violation of the constitution is by the fourth amendment inadmissible in a state court. illegally obtained evidence how it was obtained state-level, fourth amendment applied to state-level, exclusionary rule
4th Which amendments apply to the due process clause?
1 4 5 6 8
5th grand jury
Accuses someone of a crime, enough evidence for a trial
5th petit jury
Actual trial jury, innocent or not
Dual crime and trial federal and state level 5th
2
Double Jeopardy 5th
One cannot be tried by the same crime once
5th two exceptions for a double jeopardy
- Hung jury, can’t make a decision
2. When appeal, cancels out first one
5th Miranda v. Arizona
1966, kidnapping and raping a woman.
Self incrimination 5th
a. Cannot be a witness to yourself
b. Supreme court
c. Right to remain silent
d. Miranda Warning- Right to remain silent, anything you say or do will be used against you.
Can a juvenile be trial as an adult?
yes
Gideon v. Wainwright 6th
1963 the right to counsel, wrote his own appeal. Pool hall, coins, police think she did it. No appointed attorney. trustee, goes into the library and educate himself
Writes to the Supreme Court
six amendment “assistance” of counsel
1. the right to counsel during a trial
2. Gideon filed a paupers appeal from prison
3. contended that six amendment guarantees “assistant of counsel” to all defendants federal and state court cases.
4. Gideon ruled that all defendants accused of felonies had a right to counsel; extended to misdemeanors nine years later.
6th amendment
other parts
Right to confront witnesses right to a public trial bench trial right to fair trial right to a speedy
If you don’t want to jury trial you get a…
Bench trial
Juveniles
Can get the records it’s expunged. Do not have the same rights as adults.
6th what was the impact of Supreme Court in 1963 by Gideon versus Wainwright?
1100 cases retroactively. The trials for people that had a case similar to Gideon’s, previous cases.
6th today
Appointed a lawyer, public defender, overworked, understaffed, plea bargain.
Eighth amendment
right to bail
- Secure, make sure they come to court date, your appearance before the court, how your bail is…murder is higher and past offenses.
- Bail bondsman
8th cruel and unusual punishment
Caning, rack, bamboo shoots, water
8th death penalty
Capital punishment
Deterrence-prevent you from committing a crime, it has not been proven with data.
Controversial, lethal injection, fire squad.
How many states have death penalty today?
32
