Civil Liberties- Honors Gov

Substantive due process

involves the what of the law; whether it’s unfair or not

Procedural due process

involves the how of the law; how the law is enforced

Writ of habeas corpus

a legal order that requires a person to be brought before a judge, ensuring the probable cause standard was met

Bail

the temporary release of an accused person awaiting trial, often involving a monetary guarantee.

Grand jury

Jury that determines whether there is enough evidence to charge and bring the suspect to court

Exclusionary rule

prevents use of evidence that was collected in violation of the Constitution

Double jeopardy

the legal principle that prohibits an individual from being tried twice for the same crime

Miranda Rights

The rights of an accused individual to be informed of their right to remain silent and to have an attorney present during questioning

2nd Amendment

right to bear arms

4th Amendment

right to search and seizure with a warrant

5th Amendment

rights when accused and due process at federal level

6th Amendment

right to fair trial

7th Amendment

rights in a civil case

8th Amendment

no cruel and unusual punishment

9th Amendment

reserved rights for the people

14th Amendment

Due Process at state level

Roe v. Wade

rights for abortion but not after viability

Dobbs v. Jackson

does abortion violate the 14th amendment’s due process/Constitution doesn’t state anything about states protecting abortion

Furman v. Georgia

is death penalty cruel and unusual punishment based on the crime?

Reasonable Suspicion

requires law enforcement to have sufficient reason to believe that a person has committed a crime before making an arrest or conducting a search (ex. principal)

Probable Cause

requires law enforcement to have evidence that the individual committed a crime (ex. Officer Cole)