Exam #5 Flashcards
Miller Test
The average person, applying contemporary community standards, would find the work taken as whole appeals to prurient interest and depicts sexual conduct in a “patently offensive way” work lacks “serious literary, artistic, political or scientific value”
RAV v. City of St. Paul, Mn
SCOTUS struck down the ordinance as both underinclusive and overinclusive (overturned cross burning)
Virginia v. Black
SCOTUS upheld the law if no presumption of intimidation
Snyder v. Phelps
SCOUTS ruled that the first amendment prohibited the imposition of civil liability upon a church and its members who picketed the funeral of a slain Marine
Libel/Slander
Falsely defaming a person’s character
Libel = written
Slander= oral
New York Times v. Sullivan
Court ruled that public officials mush show “actual malice”
What is the fourth amendment?
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures…”
Kyllo v. U.S.
Thermal imaging device
Illinois v. Caballes
Dog sniff during traffic stop
Florida v. Jardines
Dog sniff of person’s home
United States v. Jones
GPS attached to bottom of car
Exceptions to the fourth amendment
- Search incident to an arrest
- Plain view doctrine
- Stop and frisk
- Consent
- Automobile Searches
- Administrative searches
Exclusionary rule
Unlawful evidence should not be used against the defendant in the prosecutors case
Cases from the exclusionary rule
- U.S v. Weeks
- Wolf v. Colorado
- Incorporation case - Mapp v. Ohio
- Court rules only time that exclusionary rule applies in all state cases
Miranda v. Arizona
- In-custody Interrogation
- Written by Chief Justice Warren
- Court ruled that Miranda’s constitutional rights were not violated in obtaining the confession
Gideon v. Wainwright
- was denied an attorney
- Court ruled in favor of Gideon guaranteeing the right to legal counsel for criminal defendants in federal and state courts
Reapportionment
Distribution of U.S. seats among the 50 states
Gerrymandering
Court closing their eyes
Electoral college
the body that elects the president and vice president every four years
How does the electoral college work?
Number of electors each state has equals the size of its delegation in congress
What is the majority number required in the electrical college
270
What happens if the candidate doesn’t win the majority?
The election is thrown into house
How many times had the candidate not won a majority vote?
When did the candidate not win the majority vote?
This happened twice. In the 1800 and 1824 elections
Pros of the electoral college
- Preserves federalism
- Maintain two-party system
- Allows presidential mandates
Cons of the electoral college
- More popular candidates might lose
- Over represents small states
Hurts third parties - Decreases voter turnout
Reform Proposals
- Automatic Plan
- Proportional Plan
- District Plan
- Direct Election
- National Popular Vote Interstate Compact
