Constitutional Law/Due Process Flashcards
Due Process (4th, 5th, 6th, 8th, 14th)
Government shall not deprive anyone of life, liberty, or property, without the due process of law
Plain View Doctrine
if something is in plain view, they have probable cause to warrant arrest/search (1986)
Stop and Frisk
“Terry-Stop”; stopping someone without probable cause for their own protection (just need reasonable suspicion)
No-Knock
police have to announce they are coming in unless there is imminent danger
The Exclusionary Rule
any evidence seized illegally or whatever evidence that preliminary evidence led them to (fruits of the poisonous tree) are not allowed to be used in court
Miranda Law
you have the right to remain silent. Anything you say can and will be used against you in court. You have a right to a lawyer
Petit Jury
determines innocence or guilt
Grand Jury
decides probable cause
General District Courts
for small offenses like a speeding ticket… worst outcome = jail for a year
Double Jeopardy
cant be tried twice for the same crime (only applies to criminal cases)
Res Judicata
can’t sue someone twice (double jeopardy for civil cases)
Eminent Domain
the government has the right to take your property for government reasons but they have to pay you
Right to Privacy
Not in the Constitution! but still a right!
Equal Protection Clause
All law are applied to all individuals and groups
Incorporation Doctrine (1894)
Constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to all states through the due process clause of the 14th amendment