Chapter 20 - Civil Liberties Flashcards
Congresses passed several laws prohibiting ___________ that were later struck down by the court
Discrimination
Who is not present at a Grand Jury hearing?
Defense
(True/False) Supreme Court has ruled that death penalty is cruel and unusual
False
Self-incrimination
Grand Jury
5th amendment
Guarantees a lawyer
Speedy and public trial
6th amendment
No cruel and unusual punishment
No excessive bail
8th amendment
Due process clauses?
5th and 14th
5th applies nationally and 14th to the states
Type of due process:
Issue is actions of gov’t (law enforcement)
Procedural
Type of due process:
Issue is the law itself; legislation violates due process and is nullified or repealed
(Ex. Laws)
Substantive
The ability of govt to protect health, safety, moral and general welfare of citizens
Police power
Balance of police power and indiv rights?
Police power (needs of society) wins over individual right
Right to privacy originate?
Griswd v Connecticut (14th, 4th and 9th amendment)
Regulations on abortions?
Parental notification, viable fetus, counseling, 24-hour wait period
What is involuntary servitude and what Amendment ended it?
Forced labor and 13th
NOT forced labor?
Draft, jury duty, work in jail (duty v forced labor)
How is 13th amending diff?
Applied to citizens as well as govt
Supreme Court handle 2nd amend. Cases? 14th Amendment incorporation?
Individual’s right to have a gun. YES has been incorporated
Broad search warrants (courts calls for more specific warrants to avoid unreasonable searches)
Writs of assistance
Reasonable suspicion of crime
Probable cause
No warrant needed, no search bc in open (seen)
Plain view allowance
Evidence seized illegally or improperly cannot be used in court against accused
Exclusionary rule
Exceptions to exclusionary rule?
Plain view, exigency (emergency) circumstance, good faith, honest mistake, search as part of an arrest
National go to increased powers for fighting terrorism in searches and gathering info
Patriot act
Must be brought before a court and judge is shown why they should not be released
Writ of habeas corpus
A law that infilicts punishment w/o trial (violates judicial powers and gives it legislative)
Bill of attainder
3 features of ex post facto law?
- Criminal law
- Retroactive (apply to act committed before passage)
- Disadvantage of the accused person
16-23 person body that determines whether a person can be accused or a crime (indicted)
Only prosecution is there, not defense
Grand jury
Being tried for same crime twice (5th amendment)
Double jeopardy
What doesn’t amount to double jeopardy?
State and federal law, multiple cries in one act
Criteria of delay is unconstitutional
- Length of delay
- Reason for delay
- Delay harmed defendant
- If defendant asked for speedy trial
Trial w/o jury
Bench trial (no appeal)
Criteria for adequate defense?
- Informed of nature/causes of the accusation
- Confronted with opposing witnesses
- Subpoena favorable witnesses
- Assigance of counsel
Cannot be compelled to be a witness against ones-self
Self-incrimination
Where does burden of proof always lie
Prosecution
5th Amendment self incrimation right apply?
CIVIL proceedings (divorce, legislative hearings, school board hearings)
Not covered under self-incrimation?
Finger-prints, mug shots, writing samples, DNA tests
Police must read you rights upon arrest before questioned
Rights cover self incrimation and guarrenttes of lawyer
Miranda rights
Guarrenttes of payment that an accused person will show up for trial if they are realized beforehand
(No guarrenttes, cannot be excessive)
Bail
Bail justified?
- Person should not be jailed until found guilty
2. Person can better prepare for defense outside of jail
Bailed being denied
Preventative detention
What’s cruel and unusual?
Denial of medical care, hard labor, definition of addictions as crimes not illnesses
