Chapter 3.8 Flashcards
To what extent are states limited by the due process clause from infringing upon individual rights?
Fifth Amendment
No one will be deprived of property without due process. Private property will not be taken for public use without compensation.
Procedural Due Process
Addresses the manner in which the law is carried out.
Fourth Amendment
Prevents law enforcement from carrying out unreasonable search & seizure.
Excusionary Rule
Evidence found in violation of the 4th amendment is excluded from trial.
Mapp v. Ohio (1961)
Police broke into Mapp’s house looking for evidence, but found obscene images. Mapp was convicted, but appealed and it was voided.
New Jersey v. TLO (1985)
Student turned in TLO for smoking, they searched her and turned her over. TLO appealed but the Supreme Court reversed the decision.
Metadata
Details about a conversation on the phone (who, when, how long).
USA FREEDOM Act
Government has to get a warrant to search metadata.
Miranda v. Arizona (1986)
Miranda was arrested for rapes and kidnapping without being informed of his rights. He was questioned until he confessed which was used in court against him. Person has to know their rights.
Public Safety Exception
Puts the protection of people before procedural protects of supspects.
Sixth Amendment
Right to an attorney (even if you cannot inform one)
Give background for Gideon v. Wainwright (1963)
Gideon was arrested for breaking into a pool hall. He couldn’t afford and attorney and Florida did not give him one so he lost.
What was the question in Gideon v. Wainwright (1963)?
Does a states’ prosecution of a criminal without counsel violate the 6th amendment?
What was the decision in Gideon v. Wainwright (1963)?
For Gideon, 9:0. Basic principle that every defendant gets an attorney because its not a fair trail without a lawyer.
