Unit 6 Flashcards
(20 cards)
Double jeopardy
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.
judicial review
to determine the legitimacy of the acts of the executive and the legislative branches of government.
Trial by jury
A trial that is decided by a jury
Due process
fair treatment through the normal judicial system, especially as a citizen’s entitlement.
Original Jurisdiction
the Supreme Court is the first, and only, Court to hear a case
Appellate Jurisdiction
The court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.
Mapp v Ohio
The U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
Gideon v Wainwright
In a unanimous decision, the Supreme Court established that the Fourteenth Amendment creates a right for criminal defendants who cannot pay for their own lawyers to have the state appoint attorneys on their behalf.
Miranda v Arizona
In a 5-4 Supreme Court decision Miranda v. Arizona (1966) ruled that an arrested individual is entitled to rights against self-incrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution
Marbury v Madison
The U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review.
Which court system deals with the Constitution and federal laws?
Federal Courts
What rights are protected through due process?
protect citizens from actions taken by state government, counties, towns, and cities.
Who nominates Supreme Court, federal, and district court Justices? Who approves this nomination?
The U.S. Supreme Court, federal judges, and district court justices are nominated by the president and confirmed by the U.S. Senate.
Why is it important that justices serve life terms?
By design, this insulates them from the temporary passions of the public and allows them to apply the law with only justice in mind, and not electoral or political concerns.
1st
freedom of religion, speech, press, assembly, and petition.
4th
protects people from unreasonable searches and seizures by the government.
5th
the right to a jury trial when you’re charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.
6th
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed
14th
the Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws”
What was the original purpose for the Bill of Rights?
The American people wanted strong guarantees that the new government would not trample upon their newly won freedoms of speech, press, and religion, nor upon their right to be free from warrantless searches and seizures.
