EXAM Unit 3 Flashcards
following legal procedures
due process
knowledge of a crime and available evidence
probable cause
spoken defamatory statement
slander
written defamatory statement
libel
death penalty for crime
capital punishment
formal charge of criminal wrongdoing by grand jury
indictment
illegally obtained evidence may not be used in court
exclusionary rule
gov. action to prevent before violation
prior restraint
sexually indecent and highly offensive
obscenity
test to stop free speech
clear and present danger
right to hold any religious belief
free exercise clause
gov. cannot establish an official religion
establishment clause
$ paid to get out of jail until trial
bail
stand trial twice for the same crime
double jeopardy
disputes between people; person v. person
civil law
disputes between the state and people; state v. person
criminal law
speech/action to inspire revolt against gov.
sedition
betraying your country
treason
Explain free speech and the test of when a speech can be stopped.
Free speech is the right to express any opinions without censorship or restraint. If a person’s speech is promoting illegal or unlawful activity or shows a clear and present danger, then a speech can be stopped.
What are the guidelines for requesting a search warrant?
- probable cause
- must give specific information about the objects/address where they might be found (ex: address, apt. #, and floor #)
- affidavit- a sworn, written statement given by police
- judge must not have prejudice
In what cases is a search warrant NOT needed?
- anyone who freely consents to being searched
- an arrested person before being placed in jail
- an armed or dangerous person
- if the police sees, in plain view, evidence that could lead to a criminal charge
- if there’s a likelihood that the evidence can be destroyed before a warrant can be obtained
List and describe the 5 freedoms of the first amendment:
- religion- anyone has the right to believe in whatever faith they want and to practice it (as long as it isn’t unlawful)
- assembly-the right to form/join groups and to gather for any peaceful and lawful purpose
- press- the right to circulate opinions in print without censorship by the government
- petition- the right to present requests to the government (usually involving signatures) without punishment
- speech- the right to express any opinions without censorship or restraint
What are the first 10 Amendments?
The Bill of Rights
government can’t deny life, liberty, or property without this
due process
