Flashcards in Quiz Thursday COPY Deck (20)
What is police power?
The power to promote and to protect the public
What is the 13th amendment?
How did supreme court breath new life into it?
Slavery and servitude, except as crime punishment, shall exist in the US
They re-discovered the part of that law that said anyone of any race can not be denied the purchase, lease, etc..., of anything based on him/her culture
What is the second amendment?
It's the right to bear arms
Define Probable Cause
It's the term for how a warrant is wanted, it's the suspicion of a crime.
What is exclusionary rule?
Evidence gained after an illegal course if action can not be used in court during a trial
What does the writ of habeas corpus seek to prevent?
It try's to prevent unjust arrests and imprisonments
What are Bills of attainder?
What are ex post facto laws?
Why are they forbidden?
Inflicting punishment without a court trial
Criminal law, applies to a crime beforehand, works to the disadvantage of the accused
They are unconstitutional
What guaranties does the 5th amendment offer the accused
No person can have double jeopardy
List the provisions of the 6th amendment concerning the rights of the accused
-defendant may request trial in an alternate location
-the defendant can put aside the right to a jury
In cases involving cruel and unusual punishment, how has court generally ruled?
What is supreme courts view if capital punishment?
They've been reluctant to face that high a charge
What is the difference between Procedural due process and substantive due process?
Procedure due process has to do with how (the methods, procedures) the government will take action, substantive due process had to do with what (the substance, politics) kind of action the government takes
What is the 4th amendment?
Police must, except for particular cases, have a warrant on order to search a place, car, person, etc..., or make an arrest
What might you not need a search warrant for?
What is the exclusionary rule?
Evidence obtained during an illegal search can not be used in a court case
Gideon vs Wainright
After this case, it was decided that you have the right to have someone defending you in a court case
It is a writ that is used to bring a party who has been criminally convicted from a state court to a federal court. Usually, writs of Habeas Corpus are used to review the legality of the party's arrest, imprisonment, or detention.
What does self-incrimination mean?
Innocent till proven guilty
What is the 3rd amendment?
Prohibits the quartering of soldiers in private home