CF Final Review

Stare decisis

The legal principle that directs courts to look at similar cases to help decide the present cases.

• guides the direction of the court using past similar cases

• Used to help us see future results to similar cases

Due Process

Fairness

• notice

• hearing

What was the outcome of Batson v. Kentucky (1986)?

The prosecutor was found to violate the 6th and 14th amendments, and discrimination during jury selection was ruled unconstitutional.

Fourth Amendment

 government cannot do unreasonable searches and seizures

Absolute protection in certain place unless you have something

Miranda Warnings

1. Right to remain silent

2. Anything you say can and will be used against you in a court of law

3. Right to an attourney

4. If you cannot afford one, one will be provided for you

What does the 6th amendment guarantee?

A speedy and public trial with an impartial jury, the right to confront witnesses, and compulsory process.

Venire

The pool of people eligible to serve on a jury

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Furman Test

A test that deems punishments cruel and unusual if they are degrading, arbitrary, or rejected by society.

What is the significance of Dred Scott case?

It ruled that Black individuals were denied U.S. citizenship and could not expect protection from the federal government or courts.

Protected Speech

Includes verbal and symbolic expressions; extends to actions that convey a symbolic message.

What restrictions can be placed on speech?

Restrictions can include time, place, and manner of expression.

Public forum

receive the highest protection for free speech

• Places why by long tradition or by government have been devoted to assembly and debate 

1. Public streets

2. Parks 

   1. ___ areas receive the highest protection

• Public safety is the exception

• Obscenity 

• Littering (under safety issue)

Amendment

A change in a contract or the Constitution.

Addendum

An addition to a contract.

Voire Dire

examination of potential jurors

• bias

• schedule conflicts with trial

• Fitness

  • will they be able to stay for the length of the trial

nonpublic forum

• A nonpublic forum is a government space that is not by tradition or designation a forum for public communication 

  • Lowest amount of freedom 

  • Subject matter 

• Military base

• Prison

• Any government building 

• The courts have consistently found public property to be a nonpublic forum where the evidence shows that the property’s purpose is to conduct or facilitate government business

5th amendment

“nor shall be compelled in any criminal case to be a witness against himseld”

• right to remain silent

14th amendment

Deprivation of life, liberty, and property

14th pertains to

States and state courts

Batson v. Kentucky outcome

• Found that the prosecutor was violating the 6th and 14th amendment and discrimination was found during the jury selection

• "undermines public confidence in the fairness of our system of justice." 

• SCOTUS: Can’t use preemptory challenges to exclude on the basis of race

Custodial interrogation

Due process

Occurs when you are in custody and being interrogated

Right to privacy

• The government cannot do unreasonable searches and seizures 

  • Search: government physical presence in a CPA or REOP

  • Seizure: stopping or taking of something 

    • Probably cause that a crime occurred/ is occurring

    • Describe the place/thing to be searched/seized with particularity

    • Signed by a neutral magistrate

4th amendment protects

• Persons

• Houses

• Papers

• Effects 

4th amendment protects against

government actors od the state the government level

• people v. government

  • from unreasonable searches and seizures

When is 4th amendment relevant

Constitutional Protected Areas and places where you have Reasonable Expectations of Privacy

How can government overcome 4th amendment

warrant and probable cause

Where is a CPA/ warrant needed

Home, Hotel, Office, and Luggage

Custody

Person feels as if they are not free to leave

Interrogated

Being asked questions that will likely illicit an incriminating response

When Miranda Rights given

If you are in custodial interrogation

6th amendment

Speedy and public trial with impartial jury

• trial close to where incident occured

• Right to be informed

• Right to confront witnesses

Compulsory Process

Process to get witnesses to show up

Must go even if they do not want to

Compelled: have to come in and testify

How is death penalty okay

Gregg decision

• bifucation: legal term that means to split case into two stages for trial

Gregg decision

Q:  Does the Georgia death penalty statute violate the cruel and unusual punishment provisions under the 8th and 14th Amendments?

Analysis: Georgia bifurcated the case

A": No, “The punishment of death for the crime of murder does not under all circumstances vioted the 8th and 14th amendments

• Make sure death penalty passes Furman test by running through another Jury

What groups of people cannot be executed

Minors/youth

People with mental disability

What is protected speech verbatum

All speech is protected unless unprotected

De facto

In fact in in affect

“The exceptions”

De jure

according to the law

the rule

second class citizen

someone who is treated differently and denied the same rights and opportunities as other people in a soceity