Chapter 20

Question 0

Due process clause

2. Substantive due process

Answer 0

The government must use fair laws.

Black codes, Jim Crow laws

Question 1

Due process clause

1. Procedural due process

Answer 1

The government must act fairly.
a. Rochin vs. ca- drug case
Cops need to treat us fairly

Question 2

14th amendment

Answer 2

Due process clause

Interpret when states are violating rights

Question 3

Due process clause
Police power
4

Answer 3

The power of states to protect or promote…

1. Health- shots
2. Safety- seat belts, gun laws
3. Morals- gambling
4. General welfare- food stamps wick

-abortion -roe vs wade -Casey vs planned -parent hood of pa 1992

Question 4

Due process clause

Abortion cases

Answer 4

1. Roe vs wade 1973- legalized abortion, rules, restrictions
2. Casey vs planned- more restrictions, 24 hour mandatory waiting period
   -parenthood of pa 1992
   The silent scream

Question 5

3 Constitutional restrictions

1.

Answer 5

1. Writ of haveas corpus
   Written in constitution
   Another word: the writ of liberty- to prevent unjust imprisonment

Question 6

3 Constitutional restrictions

2.

Answer 6

Bills of attainer- punishment without trial.

Question 7

3 Constitutional restrictions

3.

Answer 7

Expost facto laws- After the fact
criminal laws- charged for crime with no law later with law
- works to disadvantage of the accused.

Question 8

No writs of assistance

4th

Answer 8

No court order of assistance.

Question 9

Blanket search warrant 4th

Answer 9

Does not exist

Question 10

Probable cause 4th

Answer 10

Reason to believe a crime has been committed.

Question 11

Search warrant 4th

Answer 11

Allows police to search. Have to indicate where are you going to search for and what are you going to search for.

Question 12

Weeks doctrine 4th

Answer 12

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.

Question 13

Exclusionary rule 4th

Answer 13

Any evidence obtained in a illegal search cannot be used in court.

Question 14

Wiretapping 4th

Answer 14

It is legal but they need a warrant

Question 15

4th Exceptions- not needing a warrant

1.

Answer 15

When evidence is in Plainview

Question 16

Exceptions- not needing a warrant

2.

Answer 16

Hot pursue

Question 17

Exceptions- not needing a warrant

3.

Answer 17

Immediate area of an arrest

Question 18

Exceptions- not needing a warrant

4.

Answer 18

Movable scene

Question 19

4th Exceptions- not needing a warrant

5.

Answer 19

Flirted movement

Question 20

Mapp v. Ohio (1961) 4th

Answer 20

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

Question 21

4th Which amendments apply to the due process clause?

Answer 21

1 4 5 6 8

Question 22

5th grand jury

Answer 22

Accuses someone of a crime, enough evidence for a trial

Question 23

5th petit jury

Answer 23

Actual trial jury, innocent or not

Question 24

Dual crime and trial federal and state level 5th

Answer 24

2

Question 25

Double Jeopardy 5th

Answer 25

One cannot be tried by the same crime once

Question 26

5th two exceptions for a double jeopardy

Answer 26

1. Hung jury, can’t make a decision

2. When appeal, cancels out first one

Question 27

5th Miranda v. Arizona

Answer 27

1966, kidnapping and raping a woman.

Question 28

Self incrimination 5th

Answer 28

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.

Question 29

Can a juvenile be trial as an adult?

Answer 29

yes

Question 30

Gideon v. Wainwright 6th

Answer 30

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.

Question 31

6th amendment

other parts

Answer 31

Right to confront witnesses 
right to a public trial
 bench trial 
right to fair trial 
right to a speedy

Question 32

If you don’t want to jury trial you get a…

Answer 32

Bench trial

Question 33

Juveniles

Answer 33

Can get the records it’s expunged. Do not have the same rights as adults.

Question 34

6th what was the impact of Supreme Court in 1963 by Gideon versus Wainwright?

Answer 34

1100 cases retroactively. The trials for people that had a case similar to Gideon’s, previous cases.

Question 35

6th today

Answer 35

Appointed a lawyer, public defender, overworked, understaffed, plea bargain.

Question 36

Eighth amendment

right to bail

Answer 36

1. Secure, make sure they come to court date, your appearance before the court, how your bail is…murder is higher and past offenses.
2. Bail bondsman

Question 37

8th cruel and unusual punishment

Answer 37

Caning, rack, bamboo shoots, water

Question 38

8th death penalty

Answer 38

Capital punishment
Deterrence-prevent you from committing a crime, it has not been proven with data.
Controversial, lethal injection, fire squad.

Question 39

How many states have death penalty today?

Answer 39

32