Due Process and Civil Liberties Overview

These flashcards cover key concepts and terms related to due process and civil liberties as outlined in the lecture notes.

What is substantive due process?

It looks at the substance of the law itself and involves the intent behind government action.

What is procedural due process?

It focuses on the process by which laws are enforced, concerning the procedures followed by government actions.

What is a writ of habeas corpus?

A court order requiring the government to justify the detention of a person.

What is bail?

The release of a suspect before their hearing in exchange for a set amount of money.

What role does a grand jury serve?

A group of citizens that decides if there is enough evidence to press criminal charges.

What is the exclusionary rule?

It prohibits the use of illegally obtained evidence in court.

What does double jeopardy refer to?

The principle that a person cannot be tried twice for the same crime.

What are Miranda Rights?

Legal rights that must be read to a suspect before interrogation.

What does the 2nd Amendment protect?

The right to bear arms and own firearms.

What does the 4th Amendment protect against?

Unreasonable searches and seizures, requiring warrants.

What does the 5th Amendment ensure?

Protection against self-incrimination and double jeopardy; guarantees due process.

What does the 6th Amendment guarantee?

The right to a lawyer and a speedy, fair trial.

What does the 7th Amendment ensure?

The right to a jury of peers.

What does the 8th Amendment prohibit?

Cruel and unusual punishment, and excessive bail.

What does the 9th Amendment protect?

Rights not specifically listed in the Constitution.

What is the significance of the 14th Amendment's incorporation clause?

It requires that all states follow and enforce due process.

What were the main questions addressed in due process cases?

1) Is the right in the Constitution? 2) Is there a denial of life, liberty, or property? 3) Is there a good reason for the denial?

What was the outcome of Roe v. Wade?

In 1973, it ruled that laws restricting abortion violated privacy rights; this ruling was overturned by Dobbs v. Jackson.

What was the Supreme Court ruling in Furman v. Georgia?

The Court ruled that the death penalty was cruel and unusual punishment in that case.