Untitled Flashcards Set

Substantive due process

Substantive due process

Asks whether the government's deprivation of a person's life, liberty, or property is justified by a sufficient purpose in the constitution.

Procedural due process

Asks whether the government has followed the proper procedures when it takes away life, liberty, or property.

Writ of habeas corpus

Protects against unlawful and indefinite imprisonment.

Bail

Release until trial, paid as an amount of money to a law court.

Grand jury

A group of citizens in court that meet in secret to determine if there is enough evidence for a formal criminal charge.

Exclusionary rule

Prevents the government from using evidence gathered in violation of the United States Constitution.

Double jeopardy

Prohibits anyone from being prosecuted twice for substantially the same crime.

Miranda Rights

Protects an arrested citizen from unknowingly incriminating themselves.

2nd Amendment

The people have the right to carry weapons, following gun laws.

4th Amendment

Prevents unreasonable searches and seizures.

5th Amendment

Guarantees the right to a grand jury, prohibits double jeopardy, and protects against self-incrimination.

6th Amendment

Guarantees rights of citizens in criminal trials, including a fast and public trial, impartial jury, and right to counsel.

7th Amendment

Protects the right for citizens to have a jury trial in federal civil cases with claims exceeding twenty dollars.

8th Amendment

Prohibits excessive bail, fines, and cruel and unusual punishment.

9th Amendment

Protects rights not specifically listed in the Constitution.

14th Amendment’s due process clause

No person shall be deprived of life, liberty, or property by the state and local government.

Roe v. Wade

Case that established a constitutional right to abortion under the 14th Amendment.

Dobbs v. Jackson

Case where the Court held the Fourteenth Amendment does not protect the right to abortion.

Furman v. Georgia

Ruled that the death penalty constitutes cruel and unusual punishment in accidental death cases.

Due Process of Law

guarantees that the government cannot take a person's basic rights to “life, liberty, or property”

Incorporation clause

Ensures the Bill of Rights applies to the states through the Fourteenth Amendment.