Constitutional Law 

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42 Terms

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  • Legislative

  • Executive

  • Judicial

The three branches of U.S. government

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Legislative branch

  • Congress, consist of the House of Representatives and Senate

  • Article 1- power to make laws, collect tax, regulate foreign and domestic trade, establish post offices and post roads, and establish federal courts inferior to the United States Supreme Court

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Executive branch

  • President

  • Article 2- Enforces laws, ability to enter treaties with foreign nations, the power to veto acts of Congress, grant pardons for federal crimes, and appoint members of the administration, such as cabinet members and the US Attorneys. President is also the Commander-in-chief of the military

  • Most law enforcement agencies fall under what branch of the US Government.

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Judicial branch

  • Consist of the United States Supreme Court and Lower federal courts

  • Article 3- Interprets laws through decisions. Establishes only one court, the Supreme Court.

  • Has the power to declare laws unconditional and is the final authority on matters of constitutional interpretation.

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system of Checks and Balances

Allows each branch to exercise a certain degree of control over the other two.

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  • Congress can pass laws, but the President may veto them.

  • By a 2/3 vote of each house, Congress can override the President’s veto.

  • President appoints Justices to serve on the Supreme Court but the Senate must approve them.

  • Only Congress can appropriate funds necessary to run the government.

checks and balances

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The Bill of Rights

The first 10 amendments and protect people from being infringed upon by the government.

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1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition.

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  • Establishment clause

  • Free exercise clause

What are the two clauses in the constitution that protect freedom of religion?

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Establishment clause

Prohibits establishment of a national religion or preference of one religion over another.

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Free exercise clause

Prevents the government from interfering with religious beliefs.

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categories of non-protected speech

Fighting words, true threats, advocating imminent lawless action, clear and present danger, obscenity and false statements/ fraudulent misrepresentation.

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Define a public forum

Any public place such as a street or park, the government is allowed to regulate time, place and manner to exercise First Amendment Freedoms.

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Define a non-public forum

Places UNDER government control, where government is allowed to block protesters such as post office, airport, military base. OR even FLETC. These places are not open for public expression.

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Define A private forum

Private property where no first amendment protection is granted.

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4th Amendment

Protection against Unreasonable Search and Seizure. Requires search and arrest warrants to be based off of probable cause.

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exclusionary rule

  • A law that prohibits the use of illegally obtained evidence in a criminal trial. Evidence that was obtained in violation of the fourth amendment.

  • Prevents the government from using most evidence gathered in violation of the United States Constitution.

  • Gives the judge the ability to keep particular evidence obtained by the government out of the record in a trial IF IT WAS OBTAINED in violation of the Constitution.

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5th amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. And grand Jury Indictment.

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Double Jeopardy

Means to be tried twice, by the same sovereign for the same offense.

Once accused is acquitted, the same sovereign cannot retry to defendant for the the same crime, even if they confess or new evidence is found

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Not double Jeopardy situations

  • Dual Sovereignty

  • Mistrial

  • Nolle Prosequi (Nolle pros)

  • Remand of the Case

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Dual Sovereignty

One who commits a single act, which violates the laws of two sovereigns (state and federal) can be tried to both.

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Mistrial

A serious procedural error that stops the trial. Judge declares it and it becomes void through error in the proceeding. So the trial has to start over.

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Nolle prosequi (Nolle pros)

A prosecutor decision by which they declare to drop charges before swearing jury or 1st witness in bench trial. Not an acquittal, so the prosecutor could potentially refile charges later if new evidence emerges.

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Remand of the case

When appellate court sends a cased back to the trial court to an error committed in the original trial.

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Self-incrimination

Focuses on government interrogation seeking communicative evidence.

Words or actions likely to elicit an incriminating response, evidence can be verbal, written, or non-verbal.

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Grand Jury indictment

All infamous (felony offenses) crimes must be prosecuted by grand jury.

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Due process of the law

No person may be denied life, liberty, or property without due process of law. Standards and procedures are the same. Ensures government action is fundamentally fair for everyone.

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What is the 6th amendment?

Defines the defendants rights after arrest:
- nature to be informed of the nature and charges against defendant
-right to an attorney
-right to confront witnesses
-right to compel witnesses to testify on his behalf
-right to venue
-right to speedy trial

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Speedy trial

All persons charged with a federal crime must be brought to trial within specific timeframes.

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Confrontation of witness

Affords the accused the right to confront the witness against them.

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Compulsory process

Provides the defendant with the power to subpoena witness to testify on their behalf.

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Subpoena

legal document ordering someone to testify.

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venue

Deals with the actual location of the trial. The proper in the state and district where the crime was committed.

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What is jurisdiction

The power and authority of a court to deal with a person or particular subject matter. Is when a court has the power to hear a case.

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8th Amendment

No cruel or unusual punishment. No excessive fines or bails.

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14th amendment

Makes the Bill of Rights applicable to all levels of the government.
(Federal, state, country and city).

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Speech is always protected by the First Amendment unless it falls under a non-protected category.

Identify when speech or expression is protected under the first amendment

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-Fighting words
-true threats
-advocating eminent lawless action
-creating a clear and present danger

-obscenity

What are the categories of unprotected speech?

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content based regulation

Content that is Intended to control the message on the listener, usually unconstitutional and courts apply strict scrutiny test.

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continent neutral regulations

Having nothing to do with the speakers message, regulations are aimed at some other evil.

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Law Enforcement Officers must know constitutional law, not only to protect the rights of one citizen from infrigmet by another , but also to prevent government from infringing on the rights of the people.

Identify how the U.S. Constitution applies to law enforcement officer behavior:

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  • The bill of rights and 3 articles

Identify the components of the criminal justice system that originate in the U.S. Constitution.