Introduction Flashcards

1
Q

4th Amendment

A

right for people to be secure in their persons, houses, papers, and effects against unreasonable search an seizure

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2
Q

5th Amendment

A

self-incrimination clause/due process clause

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3
Q

6th Amendment

A

in criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury… and to have the assistance of counsel for his defense.”

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4
Q

Actors in the system

A

government, defendants, polices, judges, defense counsel, public defenders, etc.

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5
Q

Incorporation

A

Bill of Rights does extend to the states and each right is selectively incorporated on a case-by-case basis

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6
Q

Brown v. Mississippi

A

first SCOTUS involvement in criminal procedure

States can regulate criminal procedure, but it has to follow the fundamental rights laid out in the constitution

Torture chamber is not the witness stand

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7
Q

Powell v. Alabama

A

In a capital case, where the defendants cannot employ counsel or make his own defense, the law requires the state to provide adequate, prepared counsel

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