Flashcards in Unit 3 Test Deck (39)
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1
Weeks vs United States
-Exclusionary rule on the federal level
-Evidence gathered illegally can not be used in a court of law
2
Mapp vs Ohio
Applied the exclusionary rule to the state
3
Katz vs United States
The fourth amendment protects people not just places
4
T.L.O. vs New Jersey
Reasonable suspicion
5
California vs Greenwood
Reasonable expectation of privacy
6
Vernonia School District vs Acton
Random drug testing was allowed in schools
7
Lemon vs Kurtzman
Lemon Test
1) A secular or non religious purpose
2) Either helped or hurt the religion
3) Not result in "excessive entanglement" of the government and the religion
8
Engel vs Vitale
Established prayer in school is unconstitutional
9
Texas vs Johnson
Flag burning is constitutional if it has a political purpose
10
Brandenburg vs Ohio
Imminent lawless actions
11
Miller vs California
Obscenity law standards
1) contemporary community standards
2) states can conduct their own state laws
3) lacks value
12
Near vs Minnesota
Court developed the doctrine of prior restraint
13
NY Times vs Sullivan
Public officials are held to higher standards
14
Feiner vs New York
Speech can be stopped if it starts a riot
15
Affidavit
A formally sworn statement
16
Bail
Money or other security given to obtain an arrestol persons release from legal custody, which is forfeited if the individual subsequently fails to appear before the court for trial
17
Capital Punishment
The use of the death penalty by a judicial system
18
Cruel and Unusual Punishment
A criminal sanction or penalty that is not in accord with the moral standards of a humane and compassionate society. The 8th amendment prohibits such punishments
19
Double Jeopardy
The provision in the 5th amendment to the U.S. constitution that a person may not be tried twice for the same crime
20
Establishment Clause
The part of the first amendment that prohibits government from declaring an official religion
21
Exclusionary Clause
The rule established by the U.S. supreme court that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in trial
22
Free Exercise Clause
The part of the first amendment stating that congress shall make no laws that prevent people from holding whatever religious beliefs they choose or that unfairly or unreasonably limit the right to practice religious beliefs
23
Grand Jury
A panel of jurors designated to inquire into alleged violations of the law in order to ascertain whether the evidence is sufficient to the warrant trials
24
Indictment
A formal charge by a grand jury accusing a person of having committed a crime
25
Libel
Published words or pictures that falsely and maliciously defame a person
26
Plea Agreement
Pleading guilty to a lesser crime than that charged by a prosecuter
27
Probable Cause
Reasonable grounds for presuming that a crime has been or is in the process pf being committed. Provided for in the fourth amendment
28
Right Against Self-Incrimination
A guarantee found in the 5th amendment against being compelled in only criminal case to be a witness against oneself
29
Right to Assemble
The right or legal claim provided for in the first amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context
30