Lecture 11 Flashcards
(25 cards)
What does the Second Amendment say about the right to bear arms?
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
What is the main debate over the Second Amendment?
Whether it protects an individual’s right to own guns or only applies to organized militias.
Name one argument in favor of individual gun ownership.
It is necessary for self-defense and deters crime.
What is one argument against a broad right to bear arms?
The Second Amendment was intended only to apply to state militias.
What did the Brady Bill do?
Imposed a five-day waiting period for gun purchases (later struck down).
What was the ruling in D.C. v. Heller (2008)?
The Court ruled that the Second Amendment protects an individual’s right to own firearms.
What is “due process of law”?
A guarantee that laws and legal proceedings will be fair and reasonable.
Why is due process important in criminal law?
To limit government power and ensure justice.
What is the presumption of innocence?
People are considered innocent until proven guilty.
What are the three standards of legal evidence?
Reasonable suspicion, probable cause, and beyond a reasonable doubt.
What does the Fourth Amendment protect against?
Unreasonable searches and seizures.
What is the exclusionary rule?
Illegally obtained evidence cannot be used in court.
What case established the exclusionary rule at the federal level?
Weeks v. United States (1914)
What case applied the exclusionary rule to the states?
Mapp v. Ohio (1961)
What is the “good faith” exception?
Evidence can be used if police believed they were acting legally.
What does the Fifth Amendment protect against?
Self-incrimination.
What was the ruling in Miranda v. Arizona (1966)?
Suspects must be informed of their rights, including the right to remain silent and to an attorney.
What does the Sixth Amendment guarantee?
The right to counsel.
What did Gideon v. Wainwright (1963) decide?
States must provide lawyers to defendants who cannot afford one.
What does “cruel and unusual punishment” refer to?
Punishment that is considered inhumane or excessive, prohibited by the Eighth Amendment.
What was the ruling in Furman v. Georgia (1972)?
The death penalty was banned due to discriminatory application.
What did Gregg v. Georgia (1976) decide?
Reinstated the death penalty with proper legal procedures.
Do police need a warrant to search a vehicle?
No, but they do need probable cause.
What is the legal standard for stopping someone and frisking them for weapons?
Reasonable suspicion.
