Chapter 20 Outline

Question 1

Ex Post Facto Law

Answer 1

law passed after the fact; neither Congress nor the state legislatures many pass these laws

• it is a criminal law (a law defining a crime or providing for its punishment)
• it applies to an act committed before its passage
• works to the disadvantage of the accused

Question 2

“In Plain Sight” Rule

Answer 2

police do not need a warrant if evidence is in “plain sight” / clearly visible

Question 3

Warrant

Answer 3

a court order authorizing a search

-warrant must be obtained with probable cause (reasonable suspicion of crime)

Question 4

Exclusionary Rule

Answer 4

evidence gained as the result of an illegal act by police cannot be used at the trial from whom it was seized; seeks to deter police misconduct

Question 5

“Knock and Announce” Rule

Answer 5

requires police to announce their presence before they serve a warrant (gives residents an opportunity to open the door and admit them)

Question 6

Double Jeopardy

Answer 6

included in the 5th amendment; once a person had been tired for a crime, he/she cannot be tried again for the same crime

Question 7

Self-Incrimination

Answer 7

no person can be compelled to be a witness against himself (the burden of proof is always on the prosecution)

Question 8

Due Process

Answer 8

the government (federal, state, and local) must act fairly in accord with the Bill of Rights

Question 9

Procedural v. Substantive Due Process

Answer 9

PDP - has to do with the how (the procedures and methods) of governmental action
SDP - involves the what (the substance/policies) of governmental action

Question 10

Eminent Domain

Answer 10

the right of a government to take private property for a public purpose, usually with just compensation of the owner (guaranteed by 5th amendment)

Question 11

Writ of Habeas Corpus

Answer 11

court order directed to an officer holding a prisoner; commands that the prisoner he brought before the court and that the officer show cause of why the prisoner should not be released (cannot be suspended unless in cases of rebellion or invasion when the public safety requires it)

Question 12

Bill of Attainder

Answer 12

legislative act that inflicts punishment without a court trial; unconstitutional

Question 13

No Cruel or Unusual Punishment

Answer 13

intended to prevent barbaric tortures such as burning at the stake, crucifixion, drawing and quartering, etc. (the death penalty is still constitutional)

Question 14

Fourth Amendment

Answer 14

protects against unreasonable searches and seizures

Question 15

Ninth Amendment

Answer 15

addresses rights, retained by the people, that are not specifically enumerated in the Constitution

Question 16

Tenth Amendment

Answer 16

powers not delegated to the United States by the Constitution are reserved for the States or for the people

Question 17

Police Power

Answer 17

authority of each state to act to protect and promote the public health, safety, morals, and general welfare; reserved power of each state to safeguard the well-being of its people

Question 18

To promote health, states…

Answer 18

can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution, and require the vaccination of school children.

Question 19

To promote safety, states…

Answer 19

can regulate the carrying of concealed weapons, require the use of seatbelts, and punish drunk drivers.

Question 20

To promote morals, states…

Answer 20

can regulate gambling and outlaw the sale of obscene materials and the practice of prostitution.

Question 21

To promote the general welfare, states…

Answer 21

can enact compulsory education laws, provide help to the medically needy, and limit the profits of public utilities.

Question 22

Roe v. Wade

Answer 22

Supreme Court struck down a Texas law that made abortion a crime except when necessary to to save the life of a mother; ruled that the 14 amendment’s right of privacy encompassed a woman’s right to have an abortion

• First Trimester - state cannot interfere
• Second Trimester - state can regulate how, where, and when abortions can be performed
• Third Trimester - state can choose to prohibit all abortions except those necessary to preserve the life of the mother

Question 23

Mapp v. Ohio

Answer 23

exclusionary rule was finally extended to the states (forbids unreasonable searches and seizure by state and local officers)

Question 24

Miranda v. Arizona

Answer 24

after questioning, during which the police did not tell Miranda of his rights, Miranda confessed
Miranda Rule - before questioning the person must be told of his/her constitutional rights

Question 25

Amendments Regarding the Rights of the Accused

Answer 25

• 5th amendment - the accused have a right to a grand jury; protects the accused against double jeopardy
• 6th amendment - guarantees a speedy and public trial; guarantees right to trial by (impartial) jury; guarantees right to an adequate defense and the right to counsel
• 8th - protects against excessive bail or excessive fines; protects against cruel and unusual punishments

Question 26

Miranda Warnings (4)

Answer 26

• That they have the right to remain silent
• That anything they say can and will be used against them in a court of law
• That they have the right to be represented by counsel
• That, if they cannot afford an attorney, one will be appointed for them