Chapter 7 Flashcards
What are individual rights?
The accused are granted rights through common law, constitutional, statutory, and humanitarian sources. They include:
:The right to a speedy trial
:The right to legal counsel
:The right against self-incrimination
:The right not to be tried twice for the same offense
:The right to know the charges
The right to cross examine
What is public order?
Community concerns that must be balanced effectively against individual rights. They include
:Conviction of the guilty
:Exoneration of the innocent
:imposition of appropriate punishment
:The protection of society
:Efficient and cost-effective procedures
:Seeing justice done
What’s the court process and American legal system?
:The U.S court systems is known as one of the most legitimate means of determining guilt from innocence.
:Developed in the 13 colonies before 1789.
:Constitutional mandate created the federal judiciary as part of the three branches of government
What dose judicial allow courts to do?
:Review laws and government actions.
:Strike them down if they’re unconstitutional.
What happens in Marbury vs Madison(1803) and what did the Supreme Court say?
:important precedent that established judicial review.
:William Marbury never received his commission as a justice of peace.
The court said:
:Madison should’ve delivered it but the law Marbury used was unconstitutional
This ruling made the court the final interpreter of the Constitution.