Rights of the Accused : 11/30/15 Flashcards
A major challenge for democratic political systems is dealing with c___ and c________.
Crime, criminals
A _____ is an act against a law of the state. It may also harm an individual or a person’s property.
Crime
To protect the innocent, the ___ amendment guarantees “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
4th
Before 1980, ___ states had search laws that permitted police to enter a home without a warrant if they had probable cause to believe that the occupant had committed a _____ - is a major crime.
23, felony
The police do not need a w______ to search and arrest a person they see breaking the law.
Warrant
In W_____ v. U_____ S_____ the Court established the exclusionary rule.
Weeks, United States
The e_________ r___ states that any illegally obtained evidence cannot be used in federal court.
Exclusionary rule
They ask whether criminals should go free simply because the police made a mistake in collecting e_______.
Evidence
In the U_____ S_____ v. L____ the Court ruled that as long as the police act in good faith when they request a warrant, the evidence they collect may be used in court even if the warrant is defective.
United States, Leon
In the ____ case, a judge had made a mistake by issuing a w_____ based on p______ c____ that later was found to be invalid.
Leon, probable cause
That same year, in 1984, the Court also approved an “i________ d______” exception to the exclusionary rule.
Inevitable discovery
In N__ v. W______, the Court held that evidence obtained in violation of a defendant’s rights can be used at trial.
Nix, Williams
The p________, however, must show that the evidence would have been eventually discovered by legal means.
Prosecutor
The police are free to “_____” an automobile and the containers within it where they have p______ c____ to believe c________ or e_______ is contained.
Search, probable cause, contraband, evidence
___ amendment protections may be limited inside h___ s______.
4th, high schools
In N___ J_____ v. __.__.__., the Supreme Court ruled that school officials do not need warrants or probable cause to search students or their property. All that is needed are r_________ g_____ to believe a search will uncover evidence that a student has broken school rules.
New Jersey, T. L. O., reasonable grounds
In 1995 the Court upheld in V______ S_____ D_____ ____ v. A_____ mandatory suspicionless drug tests for all students participating in interscholastic athletics.
Vernonia School District 47J v. Acton
In K____ v. U_____ S_____ extended the __th Amendment protections by prohibiting wiretapping without a warrant.
Katz v. United States, 4th
In 1968 Congress passed the omnibus C____ C_____ and S___ S_____ A___ which required federal, state, and local authorities to obtain a court order for most wiretaps.
Crime Control and Safe Streets Act
In 1978 Congress passed the F_____ I_________ S__________ A___, requiring a court order even for wiretapping and bugging in national security cases.
Federal Intelligence Surveillance Act
The __th Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.”
6
Generally, the federal courts provided ______, or an ______, in federal cases.
Counsel, attorney
The Supreme Court first dealt with the right to counsel in state courts in P_____ v. A________ (?).
Powell v. Alabama (1932)
Ten years later, in B____ v. B____, the Court held that states did not have to provide a lawyer in cases not involving the death penalty.
Betts v. Brady
In 1963, C_______ E___ G_____ won a landmark case that ended the Betts rule.
Clarence Earl Gideon
In 1963, in a unanimous verdict, the Court overruled B____ v. B____.
Betts v. Brady
G______ was released, retried with a lawyer assisting him, and acquitted.
Gideon
Hundreds of other F______ prisoners and thousands more in other states who had been convicted without _______ were also set free.
Florida, counsel
The Court has since extended the G_____ decision by ruling that whenever a jail sentence of ___ months or more is possible punishment, the accused has a right to a l____ at the public’s expense from the time of the arrest through the appeals process.
Gideon, 6, lawyer
The __th Amendment says that no one “shall be compelled in any criminal case to be a witness against himself”.
5
The courts have interpreted the __th amendment’s protection against s___-__________ to court witnesses before congressional committees and grand juries as well as defendants in criminal cases.
5, self-incrimination
The __th Amendment also protects defendants against c_________ extorted by f_____ or v_______.
5, confessions, force, violence
E________ v. I_____ : In 1964, the Court reversed Escobedo’s conviction, ruling that Escobedo’s __th Amendment right to remain silent and his __th Amendment right to an attorney had been violated.
Escobedo v. Illinois, 5, 6
A c_________ or other incriminating statements an accused person makes when he or she is denied access to a l_____ may not be used in trial.
Confession, lawyer
In M____ _____, E_____ M______ had been arrested and convicted for the rape and kidnapping of an 18 year old woman.
March 1963, Ernesto Miranda
During questioning, M______ was not told he could remain s_____ or have a l_____.
Miranda, silent, lawyer
M_____ confessed, signed a statement admitting and describing the crime, was convicted, and then appealed.
Miranda
The Court ruled that the __th amendment’s protection against s___-____________ requires suspects be clearly informed of their _____ before police question them.
5, self-incrimination, rights
The guidelines that police use before the questioning of suspects are now known as the M______ r____.
Miranda rules
The __th amendment states in part that no person shall be “twice put in jeopardy of life and limb.”
5
D______ j_______ means a person may not be tried twice for the same crime, thus protecting people from continual harassment.
Double jeopardy
The __th amendment forbids “cruel and unusual punishments.”
8
In G_____ v. G______ (?) the Court ruled that under adequate guidelines the death penalty does not constitute cruel and unusual punishment.
Gregg v. Georgia (1976)
A_______ a_____ is a set of policies developed in the _____s to remedy past discrimination.
Affirmative action, 1960
Often a________ a______ policies involve the targeted recruitment of w_____ and m_______.
Affirmative action, women, minorities
A________ a_____ is required by the federal government or the courts, but many businesses use it voluntarily.
Affirmative action
R______ d___________ is the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously.
Reverse discrimination
R______ of the U________ of C________ v. B______ ruled that colleges and universities could not use a q_____ s______, although they could consider race in admissions.
Regents of the University of California v. Bakke, quote system
W___ C_______, an African American on Cal’s Board of Regents proposed P________ ___ which would amend the Constitution of California.
Ward Connerly, Proposition 209
P________ ____ made it where the state was barred from favoring applicants on the basis of race, gender, ethnicity, or national origin.
Proposition 209
Women did not win the right to vote until ____ when the __th amendment was adopted.
1920, 19
In R____ v. R____ the Court said that a law that automatically preferred a father over a mother as executor of a son’s estate violated the __th amendment.
Reed v. Reed, 14
The C____ R_____ A__ of _____ banned job discrimination based on gender.
Civil Rights Act of 1964
The E____ E___________ O________ A___ strengthened earlier laws on discrimination in hiring and firing practices, promotion, pay, and other employment actions.
Equal Employment Opportunity Act
Congress passed a comprehensive education law that included provisions referred to as ____ __.
Title IX
P____ M___, the first Asian American woman elected to Congress, was the primary sponsor of Title IX.
Patsy Mink
The ______ _______ __________ (?) stated: “Equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex.”
Equal Rights Amendment (ERA)
