Chapter 20 - Civil Liberties

Question 1

Congresses passed several laws prohibiting ___________ that were later struck down by the court

Answer 1

Discrimination

Question 2

Who is not present at a Grand Jury hearing?

Answer 2

Defense

Question 3

(True/False) Supreme Court has ruled that death penalty is cruel and unusual

Answer 3

False

Question 4

Self-incrimination

Grand Jury

Answer 4

5th amendment

Question 5

Guarantees a lawyer

Speedy and public trial

Answer 5

6th amendment

Question 6

No cruel and unusual punishment

No excessive bail

Answer 6

8th amendment

Question 7

Due process clauses?

Answer 7

5th and 14th

5th applies nationally and 14th to the states

Question 8

Type of due process:

Issue is actions of gov’t (law enforcement)

Answer 8

Procedural

Question 9

Type of due process:
Issue is the law itself; legislation violates due process and is nullified or repealed
(Ex. Laws)

Answer 9

Substantive

Question 10

The ability of govt to protect health, safety, moral and general welfare of citizens

Answer 10

Police power

Question 11

Balance of police power and indiv rights?

Answer 11

Police power (needs of society) wins over individual right

Question 12

Right to privacy originate?

Answer 12

Griswd v Connecticut (14th, 4th and 9th amendment)

Question 13

Regulations on abortions?

Answer 13

Parental notification, viable fetus, counseling, 24-hour wait period

Question 14

What is involuntary servitude and what Amendment ended it?

Answer 14

Forced labor and 13th

Question 15

NOT forced labor?

Answer 15

Draft, jury duty, work in jail (duty v forced labor)

Question 16

How is 13th amending diff?

Answer 16

Applied to citizens as well as govt

Question 17

Supreme Court handle 2nd amend. Cases? 14th Amendment incorporation?

Answer 17

Individual’s right to have a gun. YES has been incorporated

Question 18

Broad search warrants (courts calls for more specific warrants to avoid unreasonable searches)

Answer 18

Writs of assistance

Question 19

Reasonable suspicion of crime

Answer 19

Probable cause

Question 20

No warrant needed, no search bc in open (seen)

Answer 20

Plain view allowance

Question 21

Evidence seized illegally or improperly cannot be used in court against accused

Answer 21

Exclusionary rule

Question 22

Exceptions to exclusionary rule?

Answer 22

Plain view, exigency (emergency) circumstance, good faith, honest mistake, search as part of an arrest

Question 23

National go to increased powers for fighting terrorism in searches and gathering info

Answer 23

Patriot act

Question 24

Must be brought before a court and judge is shown why they should not be released

Answer 24

Writ of habeas corpus

Question 25

A law that infilicts punishment w/o trial (violates judicial powers and gives it legislative)

Answer 25

Bill of attainder

Question 26

3 features of ex post facto law?

Answer 26

1. Criminal law 2. Retroactive (apply to act committed before passage) 3. Disadvantage of the accused person

Question 27

16-23 person body that determines whether a person can be accused or a crime (indicted) Only prosecution is there, not defense

Answer 27

Grand jury

Question 28

Being tried for same crime twice (5th amendment)

Answer 28

Double jeopardy

Question 29

What doesn't amount to double jeopardy?

Answer 29

State and federal law, multiple cries in one act

Question 30

Criteria of delay is unconstitutional

Answer 30

1. Length of delay 2. Reason for delay 3. Delay harmed defendant 4. If defendant asked for speedy trial

Question 31

Trial w/o jury

Answer 31

Bench trial (no appeal)

Question 32

Criteria for adequate defense?

Answer 32

1. Informed of nature/causes of the accusation 2. Confronted with opposing witnesses 3. Subpoena favorable witnesses 4. Assigance of counsel

Question 33

Cannot be compelled to be a witness against ones-self

Answer 33

Self-incrimination

Question 34

Where does burden of proof always lie

Answer 34

Prosecution

Question 35

5th Amendment self incrimation right apply?

Answer 35

CIVIL proceedings (divorce, legislative hearings, school board hearings)

Question 36

Not covered under self-incrimation?

Answer 36

Finger-prints, mug shots, writing samples, DNA tests

Question 37

Police must read you rights upon arrest before questioned | Rights cover self incrimation and guarrenttes of lawyer

Answer 37

Miranda rights

Question 38

Guarrenttes of payment that an accused person will show up for trial if they are realized beforehand (No guarrenttes, cannot be excessive)

Answer 38

Bail

Question 39

Bail justified?

Answer 39

1. Person should not be jailed until found guilty | 2. Person can better prepare for defense outside of jail

Question 40

Bailed being denied

Answer 40

Preventative detention

Question 41

What's cruel and unusual?

Answer 41

Denial of medical care, hard labor, definition of addictions as crimes not illnesses