Honors USGOV: Civil Liberties

Substantive Due Process

Looks at the law itself

Procedural Due Process

Looks at how the law is enforced

Writ of habeas corpus

 A court order that requires police to bring a prisoner to court to explain why they are holding the person in custody or under restraint.

Bail

Releasing a defendant in exchange for money that the court holds until all proceedings and trials surrounding the accused person are complete.

Grand Jury

A group of people selected to sit on a jury that decides whether the prosecutor’s evidence provides probable cause to issue an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process.

The exclusionary rule

Under the exclusionary rule, evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments may not be introduced at trial to prove guilt.

double jeopardy

It prohibits anyone from being prosecuted twice for substantially the same crime.

Miranda Rights

1. The right to remain silent

2. The right to consult with an attorney and have the attorney present during questioning, and

3. The right to have an attorney appointed if indigent.

2nd Ammendment

protects the right of individuals to keep and bear arms. It states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

4th Ammendment

protects against unreasonable searches and seizures. It states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause.

5th Amendment

protects individuals from self-incrimination and double jeopardy, guarantees due process of law, and ensures just compensation for private property taken for public use. It also requires that a person cannot be deprived of life, liberty, or property without due process of law.

6th Amendment

guarantees certain rights to individuals accused of crimes. It includes the right to a speedy and public trial, the right to be informed of the nature and cause of the accusation, the right to confront witnesses, the right to compel witnesses to testify, the right to assistance of counsel, and the right to a fair and impartial jury.

7th Amendment

guarantees the right to a jury trial in civil cases where the value in controversy exceeds $20. It ensures that individuals have the opportunity to have their disputes heard and decided by a jury of their peers, preserving the principle of a fair and impartial trial.

8th Amendment

prohibits cruel and unusual punishment, as well as excessive bail or fines. It ensures that individuals are protected from any form of punishment that is considered disproportionate or inhumane.

9th Amendment

states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. It is intended to protect rights that are not specifically listed in the Constitution.

14th Amendment

ratified on July 9, 1868. It grants citizenship to all persons born or naturalized in the United States, including former slaves, and guarantees equal protection under the law. It also prohibits states from denying any person life, liberty, or property without due process of law.

Incorporation clause

refers to the process by which certain provisions of the Bill of Rights are applied to the states. It states that no state shall deprive any person of life, liberty, or property without due process of law. This clause has been interpreted by the Supreme Court to incorporate many of the protections in the Bill of Rights and make them applicable to the states.

search a cell phone

PC

pull over a driver

RS

Look in a car window

N

Obtain a search warrant

PC

Make an arrest

PC

Stop and frisk

RS

Search a student (principal)

RS

Search a student (school resource officer)

PC

Roe v. Wade

the Supreme Court ruled that abortion was protected by the U.S. Constitution (specifically the 9th Amendment)

Dobbs v. Jackson

the Supreme Court overturned Roe v. Wade and held that the federal government does not protect abortion, instead leaving it up to the states.

Furman v. Georgia

the Supreme Court ruled that the death penalty is unconstitutional when it is imposed in an arbitrary manner that leads to discriminatory results 

Speedy Trial

an accused person has a right to be tried in a reasonable amount of time.

Public Trial

a benefit of the accused people. It allows for the accused people to make sure that they are given a fair adjudication of guilt or innocence.

Right to an attorney

In all criminal cases, it is the right of the accused to be given the assistance of counsel for their defense.

Self-incrimination/ 5th Amendment

The accused don't have to answer questions if they don't want to, or provide anything that would potentially incriminate them.