Due Process/ Rights of Accused/ Right to Privacy

Selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment's guarantee of due process and equal protection against states, and so applied to state and local governments.

Eminent domain

Power of a government to take private property for public use.

Due Process

(law) the administration of justice according to established rules and principles

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

Criminal proceedings; The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel or unusual punishment or excessive bail

14th Amendment

Citizenship based on birth (not race/color/former slave); Due process protections against state gov't; Guarantee of equal protection from state gov't discrimination

Equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Right to Privacy

Implied right (not explicit) to be free from gov't intrusion, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Regulatory taking

A government regulation that effectively takes land by restricting its use, even if it remains in the owner's name.

Miranda rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

Exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. Limits the power of law enforcement

Double jeopardy

Being tried twice for the same crime, prevented by the 5th amendment

Probable Cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion, generally to include some evidence that can be presented to a judge issuing such warrant.

Search and Seizure

the process by which authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment

Search Warrant

A written authorization from a court specifying the area to be searched and what the police are searching for. Given based on demonstrated probable cause

Warrantless Search

A search based on reasonable suspicion made without first seeking a warrant and permissible under specified circumstances such as consent, exigent circumstances, plain view, after arrest.

Self Incrimination

when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment protects against self-incrimination.

Right to counsel

Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.

Miranda v Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Gideon v Wainright

Ordered states to provide lawyers for those unable to afford them in criminal proceedings; incorporation of 6th Amendment against state gov't

Roe v Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional based on a woman's right to privacy. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Planned Parenthood v Casey

1992 abortion case that applied new flexible test (instead of rigid trimester framework of Roe v Wade): Does state regulation of abortion place "undue burden" on women's right to an abortion? Court used test to uphold some regulations like waiting periods and parental notification for minors.

Compelling Interest

a government interest of the highest order, an interest the government is required to protect

Strict Scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

Intermediate Scrutiny

a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Rational Basis

A Supreme Court test to see if a policy uses reasonable means to achieve a legitimate government goal; lowest test to pass for laws that discriminate, usually based on socially accepted differences such as age.

Plea Bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

Cruel and Unusual Punishment

Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

Capital Punishment

the legally authorized killing of someone as punishment for a crime.

Bill of Attainder

a law that declares a person, without a trial, to be guilty of a crime

Substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

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