Unit 3 Test Flashcards
(39 cards)
Weeks vs United States
- Exclusionary rule on the federal level
- Evidence gathered illegally can not be used in a court of law
Mapp vs Ohio
Applied the exclusionary rule to the state
Katz vs United States
The fourth amendment protects people not just places
T.L.O. vs New Jersey
Reasonable suspicion
California vs Greenwood
Reasonable expectation of privacy
Vernonia School District vs Acton
Random drug testing was allowed in schools
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
Engel vs Vitale
Established prayer in school is unconstitutional
Texas vs Johnson
Flag burning is constitutional if it has a political purpose
Brandenburg vs Ohio
Imminent lawless actions
Miller vs California
Obscenity law standards
1) contemporary community standards
2) states can conduct their own state laws
3) lacks value
Near vs Minnesota
Court developed the doctrine of prior restraint
NY Times vs Sullivan
Public officials are held to higher standards
Feiner vs New York
Speech can be stopped if it starts a riot
Affidavit
A formally sworn statement
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
Capital Punishment
The use of the death penalty by a judicial system
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
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
Establishment Clause
The part of the first amendment that prohibits government from declaring an official religion
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
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
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
Indictment
A formal charge by a grand jury accusing a person of having committed a crime