Government chapter 20

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)