Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Government > Chapter 20 - Civil Liberties > Flashcards

Chapter 20 - Civil Liberties Flashcards

You may prefer our related Brainscape-certified flashcards:
AP® U.S. Government flashcards U.S. Government Basics flashcards American Government 101 flashcards
1
Q

Congresses passed several laws prohibiting ___________ that were later struck down by the court

A

Discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who is not present at a Grand Jury hearing?

A

Defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

(True/False) Supreme Court has ruled that death penalty is cruel and unusual

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Self-incrimination

Grand Jury

A

5th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Guarantees a lawyer

Speedy and public trial

A

6th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

No cruel and unusual punishment

No excessive bail

A

8th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Due process clauses?

A

5th and 14th

5th applies nationally and 14th to the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Type of due process:

Issue is actions of gov’t (law enforcement)

A

Procedural

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Type of due process:
Issue is the law itself; legislation violates due process and is nullified or repealed
(Ex. Laws)

A

Substantive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The ability of govt to protect health, safety, moral and general welfare of citizens

A

Police power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Balance of police power and indiv rights?

A

Police power (needs of society) wins over individual right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Right to privacy originate?

A

Griswd v Connecticut (14th, 4th and 9th amendment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Regulations on abortions?

A

Parental notification, viable fetus, counseling, 24-hour wait period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is involuntary servitude and what Amendment ended it?

A

Forced labor and 13th

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

NOT forced labor?

A

Draft, jury duty, work in jail (duty v forced labor)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How is 13th amending diff?

A

Applied to citizens as well as govt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Supreme Court handle 2nd amend. Cases? 14th Amendment incorporation?

A

Individual’s right to have a gun. YES has been incorporated

18
Q

Broad search warrants (courts calls for more specific warrants to avoid unreasonable searches)

A

Writs of assistance

19
Q

Reasonable suspicion of crime

A

Probable cause

20
Q

No warrant needed, no search bc in open (seen)

A

Plain view allowance

21
Q

Evidence seized illegally or improperly cannot be used in court against accused

A

Exclusionary rule

22
Q

Exceptions to exclusionary rule?

A

Plain view, exigency (emergency) circumstance, good faith, honest mistake, search as part of an arrest

23
Q

National go to increased powers for fighting terrorism in searches and gathering info

A

Patriot act

24
Q

Must be brought before a court and judge is shown why they should not be released

A

Writ of habeas corpus

25
Q

A law that infilicts punishment w/o trial (violates judicial powers and gives it legislative)

A

Bill of attainder

26
Q

3 features of ex post facto law?

A
  1. Criminal law
  2. Retroactive (apply to act committed before passage)
  3. Disadvantage of the accused person
27
Q

16-23 person body that determines whether a person can be accused or a crime (indicted)
Only prosecution is there, not defense

A

Grand jury

28
Q

Being tried for same crime twice (5th amendment)

A

Double jeopardy

29
Q

What doesn’t amount to double jeopardy?

A

State and federal law, multiple cries in one act

30
Q

Criteria of delay is unconstitutional

A
  1. Length of delay
  2. Reason for delay
  3. Delay harmed defendant
  4. If defendant asked for speedy trial
31
Q

Trial w/o jury

A

Bench trial (no appeal)

32
Q

Criteria for adequate defense?

A
  1. Informed of nature/causes of the accusation
  2. Confronted with opposing witnesses
  3. Subpoena favorable witnesses
  4. Assigance of counsel
33
Q

Cannot be compelled to be a witness against ones-self

A

Self-incrimination

34
Q

Where does burden of proof always lie

A

Prosecution

35
Q

5th Amendment self incrimation right apply?

A

CIVIL proceedings (divorce, legislative hearings, school board hearings)

36
Q

Not covered under self-incrimation?

A

Finger-prints, mug shots, writing samples, DNA tests

37
Q

Police must read you rights upon arrest before questioned

Rights cover self incrimation and guarrenttes of lawyer

A

Miranda rights

38
Q

Guarrenttes of payment that an accused person will show up for trial if they are realized beforehand
(No guarrenttes, cannot be excessive)

A

Bail

39
Q

Bail justified?

A
  1. Person should not be jailed until found guilty

2. Person can better prepare for defense outside of jail

40
Q

Bailed being denied

A

Preventative detention

41
Q

What’s cruel and unusual?

A

Denial of medical care, hard labor, definition of addictions as crimes not illnesses

Government (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions