The government must employ fair procedures and methods
Procedural due process
The government must create fair policies and laws
Substantive due process
The authority of each state to act to protect and promote the public health, safety, morals, and general welfare of its people
Police power
A court order authorizing a search
Search warrant
Forced labor
Involuntary servitude
Bias, unfairness
Discrimination
Blanket search warrant with which British custom officials had invaded private homes to search for smuggled goods
Writs of assistance
Reasonable grounds, a reasonable suspicion of crime.
Police dont need a warrant if "in plain view
Probable cause
Evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
Exclusionary rule
A court order which prevents unjust arrests and imprisonments
Writ of habeas corpus
A legislative act that inflicts punishment without a court trial
Bill of attainer
A law applied to an act committed before its passage
Ex post facto law
The formal device by which a person can be accused of a serious crime
Grand jury
A formal complaint before a grand jury which charges the accused with one or more crimes
Indictment
Part of the 5th amendment which says that no person can be put in jeopardy of life or limb twice. Once a person has be tried for a crime, he or she cannot be tried again for the same crime.
Double jeopardy
A trial in which the judge alone hears the case
Bench trial
The constitutional rights which police must read to a suspect before questioning can occur
Miranda rule
A sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time
Bail
What is the meaning of due process under the 5th amendment
Declares that the Federal government cannot deprive any person of life, liberty, or property without due process of law
What is the meaning of due process under the 14th amendment
It places that same restriction on every one of the states
What is procedural due process?
THe fairness of the procedures used to enforce laws
What is substantive due process?
The fairness of the laws themselves
The right of privacy provoked controversy when it was applied to a woman's right to an abortion
Roe v. Wade
Slavery and Involuntary Servitude: the 13th amendment
ratified in 1865, ended slavery in this country. It also protects against involuntary servitude, or forced labor
Neither the draft nor imprisonment can be classified as
Involuntary servitude
The right to bear arms: 2nd amendment
Protects the rights of each state to form and keep a militia
The aspects of the 4th Amendment
-Probable cause
-Exclusionary Rule
-Patriot Act
Evidence illegally obtained can NOT be used at trial
The Exclusionary Rule
Uniting and strengthening America by providing appropriate tools required to intercept and obstruct terrorism act of 2001
Patriot Act
Rights of the Accused
-Writ of habeas corpus
-Double jeopardy
-Trial by jury
-Adequate defense
Trial by jury
-"change of venue"
-Defendant can waive right to jury trial
-Bench trial
Adequate Defense: GIDEON V. WAINWRIGHT
(1963) Court must appoint lawyer for defendant who cant afford one
Punishment:
-Bail
-Capital Punishment
Bail
-Guarantee a person will appear in court
Capital punishment
-Fed Government and 35 states provide for it
-Furman v. Georgia (1972)
-Two step process
-Gregg v. Georgia (1976)