Chapter 4 - Civil Liberties

Question 1

Rights for accused in 5th and 6th amendments

Answer 1

1. Habeas Corpus
   A court order directing officials holding a prisoner to show cause why he should not be released
2. Ex Post Facto Laws
   Banned criminal laws that provide for punishment of crime committed before law passed
3. Grand Jury
   Prosecutor must obtain a “true bill of indictment” from grand jury
4. Double Jeopardy
   A person may not be tried more than once for the same crime. An appeal is not a retrial.
5. Speedy and Public Trial
   Accused person - prompt trial (100 days from being charged with a crime)
   Public trial protection for defendant (not media)
6. Trial by Jury
   Impartial jury
   May waive right to jury and be tried by judge
   No perso can be deliberately excluded from jury
7. Right to Adequate Defense
   Must be informed of charges
   Confront witnesses
   Compel defense witnesses
   Assistance of counsel
8. Self-incrimination
   Burden of proof always on prosecutio
   Coerced confession cannot be used
   Person cannot be compelled to testify against self
   Miranda Rights - suspects must be informed of rights before police question them

Question 2

Freedom of Religion

2 clauses

Answer 2

1. Establishment Clause
Wall of separation between church and state
High/low wall
2. Free exercise Clause
Distinction between belief and practice
Guarantee of freely practicing religions

Question 3

Search Warrant?

Answer 3

Police must, except in particular cases, possess a warrant (must be issued by a judge) with probable cause to make an arrest or search for evidence

Question 4

Exclusionary Rule?

Answer 4

Evidence obtained as the result of an illegal act by the police cannot be used to prosecute the person from who it was seized

Question 5

Due Process of Law?

Answer 5

Gov may not deprive any person of life, liberty or property without due process of law
Substantive due process: laws must be fair
Procedural due process: enforcement must be fair