Due Process and Civil Liberties

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These flashcards cover key vocabulary and concepts related to due process, civil liberties, and important amendments as discussed in your class notes.

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17 Terms

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Substantive Due Process

Protects people's fundamental rights (like privacy, speech, or marriage) from unfair government laws.

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Procedural Due Process

Ensures the government follows fair steps (like a fair trial) before taking away life, liberty, or property.

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Writ of Habeas Corpus

A court order requiring that a person be brought before a judge to determine if their detention is legal.

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Bail

Money paid to get out of jail while waiting for a trial, ensuring the person returns to court.

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Grand Jury

A group of citizens that decides whether there is enough evidence to charge someone with a crime.

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Exclusionary Rule

Prohibits the use of illegally obtained evidence in court.

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Double Jeopardy

The constitutional protection against being tried twice for the same crime after a verdict has been reached.

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Miranda Rights

Rights that police must inform a detainee of, including the right to remain silent and the right to an attorney.

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4th Amendment

Protects against unreasonable searches and seizures, requiring police to have a warrant or probable cause.

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5th Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process of law.

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6th Amendment

Guarantees the right to a speedy and public trial, an impartial jury, a lawyer, and witnesses.

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8th Amendment

Prohibits cruel and unusual punishment and excessive bail or fines.

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9th Amendment

States that people have rights not specifically listed in the Constitution.

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14th Amendment

Requires states to provide due process and equal protection under the law, applying most Bill of Rights protections.

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Roe v. Wade

Supreme Court case that legalized abortion nationwide under the right to privacy.

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Dobbs v. Jackson

Supreme Court case that overturned Roe v. Wade, allowing states to decide their own abortion laws.

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Furman v. Georgia

Supreme Court ruling that declared the death penalty was being applied unfairly, violating the 8th Amendment.