Chapter 20 Outline Flashcards
Ex Post Facto Law
law passed after the fact; neither Congress nor the state legislatures many pass these laws
- it is a criminal law (a law defining a crime or providing for its punishment)
- it applies to an act committed before its passage
- works to the disadvantage of the accused
“In Plain Sight” Rule
police do not need a warrant if evidence is in “plain sight” / clearly visible
Warrant
a court order authorizing a search
-warrant must be obtained with probable cause (reasonable suspicion of crime)
Exclusionary Rule
evidence gained as the result of an illegal act by police cannot be used at the trial from whom it was seized; seeks to deter police misconduct
“Knock and Announce” Rule
requires police to announce their presence before they serve a warrant (gives residents an opportunity to open the door and admit them)
Double Jeopardy
included in the 5th amendment; once a person had been tired for a crime, he/she cannot be tried again for the same crime
Self-Incrimination
no person can be compelled to be a witness against himself (the burden of proof is always on the prosecution)
Due Process
the government (federal, state, and local) must act fairly in accord with the Bill of Rights
Procedural v. Substantive Due Process
PDP - has to do with the how (the procedures and methods) of governmental action
SDP - involves the what (the substance/policies) of governmental action
Eminent Domain
the right of a government to take private property for a public purpose, usually with just compensation of the owner (guaranteed by 5th amendment)
Writ of Habeas Corpus
court order directed to an officer holding a prisoner; commands that the prisoner he brought before the court and that the officer show cause of why the prisoner should not be released (cannot be suspended unless in cases of rebellion or invasion when the public safety requires it)
Bill of Attainder
legislative act that inflicts punishment without a court trial; unconstitutional
No Cruel or Unusual Punishment
intended to prevent barbaric tortures such as burning at the stake, crucifixion, drawing and quartering, etc. (the death penalty is still constitutional)
Fourth Amendment
protects against unreasonable searches and seizures
Ninth Amendment
addresses rights, retained by the people, that are not specifically enumerated in the Constitution
Tenth Amendment
powers not delegated to the United States by the Constitution are reserved for the States or for the people
Police Power
authority of each state to act to protect and promote the public health, safety, morals, and general welfare; reserved power of each state to safeguard the well-being of its people
To promote health, states…
can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution, and require the vaccination of school children.
To promote safety, states…
can regulate the carrying of concealed weapons, require the use of seatbelts, and punish drunk drivers.
To promote morals, states…
can regulate gambling and outlaw the sale of obscene materials and the practice of prostitution.
To promote the general welfare, states…
can enact compulsory education laws, provide help to the medically needy, and limit the profits of public utilities.
Roe v. Wade
Supreme Court struck down a Texas law that made abortion a crime except when necessary to to save the life of a mother; ruled that the 14 amendment’s right of privacy encompassed a woman’s right to have an abortion
- First Trimester - state cannot interfere
- Second Trimester - state can regulate how, where, and when abortions can be performed
- Third Trimester - state can choose to prohibit all abortions except those necessary to preserve the life of the mother
Mapp v. Ohio
exclusionary rule was finally extended to the states (forbids unreasonable searches and seizure by state and local officers)
Miranda v. Arizona
after questioning, during which the police did not tell Miranda of his rights, Miranda confessed
Miranda Rule - before questioning the person must be told of his/her constitutional rights
