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Government > Civil Liberties > Flashcards

Civil Liberties Flashcards

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1
Q

Indictment

A

Formal written statement by grand jury charging an individual with an offense

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2
Q

Probable cause

A

Evidence sufficient to warrant an arrest or search and seizure

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3
Q

Writ of habeas corpus

A

Court order requiring jailers to explain to a judge why they are holding a prisoner in custody

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4
Q

Double jeopardy

A

Trial / punishment for same crime by same government — forbidden by the constitution

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5
Q

Miranda rule

A

Rights possessed by persons that are arrested (remaining silent, right to an attourney etc)

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6
Q

Bail of attainder

A

Act of legislature declaring a person or group guilty of a crime and punishing them without privilege of judicial trial

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7
Q

Ex post facto law

A

Law that punishes people for a crime that was not a crime when committed — congress cannot pass these laws

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8
Q

Grand jury

A

Jury to inquire in accusations of crime and to evaluate the ground for indictments

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9
Q

Bench trial

A

A trial in which the judge alone hears the case

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10
Q

Exclusionary rule

A

Evidence gained as a result of an illegal act by police that cannot be used against the person from whom it was seized

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11
Q

Rochin v. CA

A

Authorities must obtain evidence in reasonable ways — established procedural due process

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12
Q

Pierce vs Society of Sisters

A
  • established substantive due process (involves “what” of govt)
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13
Q

Griswold v Connecticut

A
  • cannot prohibit use of contraceptives, as it is an infringement on the right of marital privacy under the 14th amendment
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14
Q

Roe v wade

A

Woman’s right to have an abortion at any point within the first 6 months of pregnancy without state interference. Last 3 months are up to the state

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15
Q

Webster v Reproductive Health Services

A

Upheld Missouri state law that

  • provided the unborn with equal rights
  • prohibited public health employees to preform an abortion unless it is necessary to save a mothers life
  • prohibited use of funds to encourage women to have an abortion unless her life was at stake
  • require physicians to perform a viability test at 20 weeks
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16
Q

Planned parenthood v Casey

A
  • women must go through professional counseling intended to persuade her to change her mind on abortion
  • must delay the procedure at least 24 hours after counseling
  • unmarried minor must have the consent of a parent or judge
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17
Q

Stenberg v. Carhart

A
  • prohibiting partial birth abortion is unconstitutional
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18
Q

Gonzales v. Carhart

A
  • partial birth abortions did not impose an undue burden on the due process right of women to have an abortion
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19
Q

District of Columbia v Heller

A
  • handgun ban was unconstitutional
  • 2nd amendment allows citizens to possess a handgun unconnected with militia and use it for lawful purposes
  • cannot require citizens to dissemble a firearm or bound it by trigger lock
20
Q

Map v Ohio

A
  • Exclusionary rule of the 14th amendment extends to states as well
  • cannot search without a warrant
21
Q

Nix v. Williams

A
  • illegally collected evidence can still be admissible as long as the evidence would have been inevitable found anyway
22
Q

Escobedo v. Illinois

A
  • cannot deny a suspect the right to an attorney during a police interrogation
23
Q

Gideon v Wainright

A
  • no one regardless of wealth, class, or education should be forces to face their accusers in court without the guidance of a counsel
24
Q

Firman v Georgia

A
  • struck down all existing state laws allowing death penalty because they were only applied to black and poor people
  • mandatory death penalty was unconstitutional
25
Q

Gregg v Georgia

A
  • death penalty in 2 stage approach was constitutional
  • can only be imposed by a jury for crimes resulting in death of the victim
  • cannot be imposed on mentally handicapped
26
Q

Involves the how of government action

A

Procedural

27
Q

Involves the what of government action

A

Substantive

28
Q

The states police power is defined as the right to

A

Protect and promote public health, safety, morals, and general welfare to the public

29
Q

What fall under the states police power

A
  • limit sale of alcohol and/or tobacco
  • combat pollution
  • require seatbelts
  • punish drunk drivers
  • regulate gambling
  • outlaw prostitution
  • require children to go to school
  • provide free healthcare to needy
30
Q

13th amendment does NOT forbid what two things

A
  • involuntary servitude

- forced labor

31
Q

The right to keep and bear arms set out in the 2nd amendment applies only to which body

A

The people

32
Q

Drug testing is considered constitutional under what amendment

A

4th

33
Q

Which amendments have a due process clause

A

5th and 14th

34
Q

Which types of activities require a warrant

A
  • Search and seizures

- wiretapping

35
Q

5th amendment does not protect you from what

A
  • being fingerprinted or photographed
  • submitting a handwriting sample
  • appearing in a police lineup
36
Q

The issue that tips the scales away from bail toward preventive detention is

A

Jumping bail

37
Q

What was the supreme courts ruling on capital punishment

A
  • death penalty can only be imposed by a jury in cases that resulted in the death of the victim
38
Q

Only crime mentioned in the constitution

A

Treason

39
Q

2nd amendment

A

Right to bear arms

40
Q

4th

A

Protection from search and seizures

41
Q

5th amendment

A
  • no self-incrimination
  • no double jeopardy
  • grand jury
42
Q

6th amendment

A
  • right to counsel
  • right to confront and obtain witnesses
  • speedy trial
  • trial by jury in criminal cases
43
Q

8th amendment

A
  • no cruel and unusual punishment
44
Q

What types of executions are not considered cruel and unusual

A
  • lethal injection
  • electric chair
  • firing squad
45
Q

Why was the death penalty suspended by the court

A

It was at one point bias towards only black and poor people

46
Q

Why was the death penalty reinstated

A

Mandatory death laws were found unconstitutional

Government (5 decks)

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