Unit 5B Due Process & Equal Protection

due process

The 5th & 14th Amendments provide for _of law before punishing a person for committing a crime.

substantive due process

The requirement that the law itself must be Constitutional

procedural due process

The requirement that the officials of government must follow the laws in their methods

warrant

Before police officers search a house for evidence, they must have this issued by a judge based on probable cause

exclusionary rule

Evidence gained by police from an illegal search is subject to this, meaning the judge will not allow it to be used; in order to deter police misconduct and protect our constitutional rights

writ of habeas corpus

A person is stopped by police and held for several days without a hearing. What legal remedy should that person seek?

grand jury

They make a decision of whether there is enough evidence for a person to be tried for a serious crime and issue an indictment

double jeopardy

Trying a person for the same crime more than once is is prohibited by the 5th amendment.

security or flight risk

Judges can deny bail for

treason

Because it is used by tyrants as a weapon against their political enemies, the Framers were careful to define this crime in order to limit the gov't.

right to privacy

inherent in the concept of due process this has been applied with the most controversy surrounding cases involving abortion

McDonald v. Chicago

Incorporated the 2nd Amendment as an individual right to bear arms to the states, and struck down a handgun ban

6th Amendment

Protects our right to a fair, speedy trial in public in the location where the crime was committed, able to cross-examine witnesses and have favorable witnesses , trial by jury and an attorney to represent you

cruel & unusual punishment

Executing minors and mentally retarded individuals violates this part of the 8th Amendment according to the Supreme Court

eminent domain

Taking private property for public use with just compensation is allowed under the 5th Amendment

individual right

The most recent 2nd Amendment decisions recognized the right to bear arms as an --, in order to defend our life, liberty & property

capital punishment

the death penalty, can be used for murder or treason

13th Amendment

prohibits slavery or involuntary servitude

police powers

the States' ability to make laws about health, public safety, morals or the general welfare

probable cause

To make a lawful arrest, police need a warrant or --.

incorporation

the Supreme Court applies the Bill of Rights to the States through the 14th Amendment's due process clause

warrantless searches

The Supreme Court has upheld when there is plain view, hot pursuit, exigent circumstances, a car search, probation, or with consent

Kelo v. New London

eminent domain was broadened to include public "benefit"; but as a result 47 states have restricted its use back to public "use" such as a road, school, etc…

taking

the 5th Amendment eminent domain to be used to force you to vacate your home to build a road, but you must be justly compensated

Gideon v. Wainwright

in 1963 the Supreme Court ruled that the State must appoint an attorney if a defendant cannot afford one

Miranda rule

Under the 5th amendment, police must inform suspects of their rights prior to questioning if the suspect is not free to leave and they intend to use their statements

Equal Protection

the 14th Amendment ensures that no one should be unreasonably or unfairly treated under the law

Plessy v. Ferguson

In 1896 the Supreme Court ruled that "separate but equal" was constitutional, giving legal approval to segregation

Brown v. Board of Education

in 1954 the Supreme Court ruled that "separate is inherently unequal" because of the psychological harm it does in violation of the 14th Amendment

de facto

segregation based on circumstances like housing patterns, not discrimination

affirmative action

government policy that attempts to make up for past discrimination, although it is under increased scrutiny at the Supreme Court in recent years

jus soli

the law of the soil that grants birthright citizenship

naturalization

Article 1 Section 8 clause 4 grants the power to Congress to determine the process by which aliens become citizens

draft (conscription)

the Supreme Court ruled that the law MAY treat men and women differently in this one area

1st Amendment

protects rights of religion, speech, press, petition, assembly

3rd Amendment

No quartering troops in your home

4th Amendment

No unreasonable search or seizure

5th Amendment

protects our right to a grand jury in a capital crime, due process rights to life, liberty & property, and protects us from self-incrimination, & double jeopardy

7th Amendment

Protects our right to a jury trial in civil cases

8th Amendment

protects us from excessive bail, fines & cruel or unusual punishment

9th Amendment

We have "other" rights than those listed in the Bill of Rights (ex: privacy, association, self-defense, etc…)

10th Amendment

Those powers not granted to the federal government are RESERVED to the States or the People

2nd Amendment

right to bear arms shall not be infringed