Test 3 Flashcards
1
Q
yates vs US
A
- similar to dennis vs US
- govt brought charges against 14 communists for conspiring to advocate overthrow
- court overturned convictions and ended prosecution
- distinction of belief vs action
2
Q
near vs minnesota
A
- prior restraint/censorship
- minnesota public nuisance law prohibits “malicious, scandalous, and defamatory” newspapers
- state convicts
- SCOTUS overturns 5-4
3
Q
atkins vs virginia
A
- reversed precedent and holds execution of mentally ill persons as cruel and unusual
- by this time 17 states outlawed “national consensus”
- atkins had iq of 59, what constitutes disabled?
4
Q
pottowatomie vs earls
A
- students in extracurriculars must be drug tested
- could be tested anytime school was suspicious
- court upheld 5-4
- reasonable means to address legitimate concern
- schools have custodial role
- mandatory vaccinations and physicals
5
Q
katz vs US
A
- individuals have a reasonable expectation of privacy
- person must exhibit expectation of privacy
- greatest privacy at home
- some places lack expectation
6
Q
snyder vs phelps
A
- westboro baptist church protests at military funeral
- right to protest upheld 8-1
- related to issues of interest to society at large
- did not disrupt funerals
7
Q
edwards vs aguillard
A
- can state require genesis story to be taught with evolution to treat them balanced
- religious in nature, cannot be done in public schools
8
Q
oregon vs smith
A
- natives smoking peyote during worship denied unemployment for drug use
- state does not need to make exception for religious conduct
- laws must apply equally to all, being generally applicable
- overturned sherbert vs verner
9
Q
brandenburg vs ohio
A
- overturned conviction of KKK leader
- established incitement standard
- distinguishes (force?) as an abstract doctrine vs actual incitement to use force (unprotected)
10
Q
schneck vs US established what first amendment test?
A
clear and present danger
11
Q
which case allowed state to refuse scholarship to a religion major?
A
locke vs davey
12
Q
what are the specific parts of the miranda warning?
A
right to remain silent, statements can be used against you, right to an attorney, these rights can be waived
13
Q
what was upheld in snyder vs phelps
A
peaceful protest
14
Q
how did dickerson vs US add to miranda rules
A
US constitution requires miranda warnings
15
Q
why did the court uphold conviction in US vs obrien
A
o’ brien burned draft card in protest of war
-gov has compelling interest in draft, outweighs first amendment
16
Q
why was protest upheld in tinker vs des moines
A
students wore arm bands, were peaceful
-were not disruptive of learning
17
Q
texas vs johnson concerned what 1st amendment issue
A
burning the US flag as protest
-upheld 5-4
18
Q
what is the confrontation clause?
A
persons right to confront accuser
- maryland vs craig
- not required all the time but important
19
Q
what does the constitution say about search warrants
A
must describe a place or thing
20
Q
what are the theories of the establishment clause
A
- strict separation
- gov neutrality theory
- gov must be neutral in religion cases
- gov accommodation
- relationship between church and state must be nurtured
21
Q
who was james otis
A
- defended americans against unjust search of brits
- famous defense of privacy
22
Q
what did the court do to campaign finance limits in citizens united vs FEC
A
5-4 gov may not ban political spending by corporations in candidate elections
23
Q
is it legal to possess child pornography?
A
no, CP prevention act of 1996
24
Q
what is the NY times vs sullivan rule for public officials suing for libel
A
public official who alleges libel must prove it to sue for damages
25
what are actual vs simple malice
actual: defamatory falsehood made “knowingly, deliberately, and maliciously”
simple: defamatory falsehood made in good faith
26
how do we amend the constitution
- congress proposes 2/3 or constitution convention
| - 3/4 states ratify
27
burwell vs hobby lobby ruling
- religious freedom > government ACA rules
- allowed to not provide types of contraceptives
- ACA required employers to give contraception that may go against beliefs
28
what is obscenity test from miller vs cali? what is the roth standard?
- avg person would find work prurient
- avg person finds it depicts sexual conduct in a potentially offensive way
- avg person finds it lacking serious literary, artistic, political, or scientific value
29
once a defendant exercises his miranda rights how long until police can question him again
2 weeks
30
which case upheld use of school vouchers
zelman vs simmons-harris
| -program is neutral and provides choice among alternatives
31
who was joseph mccarthy? mccarthy era?
- senator who attacked people for being communists
- used senate as a place to make accusations
- congress passes laws aimed at communists and subversives
- crime to organize teach/talk of overthrowing gov
32
what was the ruling in santa fe vs doe
schools connot hold prayer led by a school official
| -prayer carries sponsorship of school which extends to gov endorsement
33
what was the ruling of lee vs weisman
is establishment clause violated when a clergyman delivers invocation and benediction at a high school commencement without voluntary attendence?
-students shouldnt have to choose between commencement and participating in religious activity
34
what does oregon vs smith say about exemptions to general laws?
state does not need to make exemption for religious conduct
35
why has the SCOTUS upheld creationism being taught unconstitutional
it is religious in nature
36
what group has been involved in the most free exercise cases
jehovahs witnesses, 72 cases
37
identify ruling in sherbert vs werner
gov must show compelling interest before limiting freedom of religion
38
identify the ruling in widmar vs vincent
university cant deny religious groups facilities based on speech
39
identify the ruling in locke vs davey
state can withhold religion major scholarships
| -state funds prohibited for religious use
40
what are the parts of the lemon test
in order for aid to be permissible: purpose must be secular, effect on religion must be neutral, must not entangle church and state
41
what was the memorial and remonstrance against religious assessment about
- by james madison
- part of successful campaign opposing general/state tax
- would support teachers of all christian denominations in virginia
42
what does double jeopardy mean? when is it irrelevant?
- may not be tried twice for the same crime in same jurisdiction
- can be retried in state/federal court
- does not prevent use of some punishments
- does not apply to case of mistrial
43
what do we mean by a wall of separation
- gov and church should offer no aid to each other of any kind
- coined by madison and jefferson
44
massachusetts vs melendez diaz
- does defendant have 6th amendment right to confront in court affiants of forensic evidence?
- yes they are testimonial statements concerning facts
45
what establishment theory relates to james madison
strict separation theory
46
what does kansas vs hendricks allow a state to do regarding sexual predators
lock them up after they serve sentence
| -not punishment
47
how long do police have to wait to question suspect about a different matter after invoking miranda rights
14 days
48
since gregg vs georgia what requirements must death penalty laws have
```
bifurcated trial
-separate trial and punishment
jury must consider aggravates and mitigators
-was the murder heinous?
-age, mental state of defendant
```
49
what are the top 3 execution states? by what method?
- texas, virginia, oklahoma
| - by lethal injection
50
what are preemptory challenges? when are they not used?
attorney can remove juror for unspecified reason during selection with a certain number on each side
-not to be used based on race/gender
51
which case upheld victim impact statements in sentencing?
payne vs tennessee
52
what was the result of furman vs georgia
struck down georgia death penalty law for being arbitrary and capricious
53
what was ruling of atkins vs virginia
struck down execution of mentally retarded
54
what was ruling of roper vs simmons
banned execution of minors
55
kennedy vs louisiana
death penalty not appropriate if life wasnt taken
| -even for devastating crimes
56
gideon vs wainwright incorporated what right
right to counsel when imprisonment is possible
57
what is a batson challenge
objection that preemptory challenge was used on a basis of race
58
what did scotus say about ten commandments in van orden vs perry and mccreary county vs aclu?
•van orden vs perry
-statue of ten commandments is one of many on grounds of texas capitol, not a religious statement
•mccreary county vs aclu
-poster of 10 commandments in county courthouse violates establishment clause
59
compare dennis vs US and yates vs US
upheld/struck down communist convictions
- yates: used belief vs action
- dennis: sliding scale, gravity of evil
60
what is the exclusionary rule
evidence seized in violation of 4th amendment is not permissible in trial
61
what is probable cause rule
reasonable grounds of wrongdoing
| -incapable of precise definitions or percentages
62
expectation of privacy rule
individual must exhibit, must be recognized by society
63
search incident, stop frisk, automobile exception
•search incidents to arrest
-area within arestees control is searchable after lawful of rest for safety and saving evidence
•stop and frisk
-authorized pat down searches of outer clothes based on reasonable suspicion
•automobile exception
-search extends to whole car if based on probable cause
-motorhome=automobile
-search of passengers and belongings
-dog search is ok
-passengers are “seized”
64
arizona vs grant
constrained search incident, must be relevant to crime
65
riley vs california
no warrantless search of phones
66
kate vs US
warrant required for wiretapping, reasonable expectation
