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

14th 

  • Section 1 

    • Fairness 

  • Deprivation of life, liberty, and property 

    • Who does this pertain to?

      • States and state courts

  • Due process what is it 

    • Fairness 

  • What is fair?

    • Two things (fill in blank)

      • Notice

      • Hearing 

  • Batson v Kentucky 1986 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

4th 

  • Absolute protection in a certain place unless you have something (don't need escapes)

  • 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

  • What does it protect

    • Persons

    • Houses

    • Papers

    • Effects 

  • Protects against government actors of the state and federal government 

    • People v. government 

    • Unreasonable searches and seizure

  • When: constitutionally protected area (REOP)

  • How: how can government overcome this 

    • Warrant and probable cause

    • Look at internet public v. private pages

  • Where: Home, Hotel, Office, Luggage

  • Why :

    • Privacy 

5th : nor shall be compelled in any criminal case to be a witness against himself 

  • Right to remain silent 

    • Miranda warnings

      • 4 warnings when you are in custodial interrogation

  1. Right to remain silent

  2. Anything you say can and will be used against you

  3. Right to an attorney

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

  • Custodial interrogation 

    • When you are in custody and being interrogated

  • Custody: Person feels that they are not free to leave

AND

  • Interrogated: Being asked question that will likely illicit an incriminating response

6th amendment 

  • Speedy and public trial with impartial jury

    • Close to where the incident occurred 

    • Right to inform 

    • Confront witnesses 

      • Compulsory process

        • Have a process to get the witness to show up 

        • They need to go even if they do not want to

        • compelled: have to come in and testify 

  • De facto vs. de jure 

  • De facto: in fact or in effect

    • “The exceptions”

    • Rarely ever get an impartial jury

  • De jure: according to the law

    • The rule 

  • Venire v. Voir Dire

    • Venire: The pool of people eligible to serve on a jury

    • Voire Dire: Examination of potential jurors 

  • Bias 

  • Schedule conflicts with trial 

  • Fitness

    • Will they be able to stay for the length of the trail

  • Petit Jury: Typical jury you see

  • 12 jurors

8th 

  • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted 

  • Cruel and unusual

    • What is cruel and what is unusual

      • Furman v Georgia 

        • Furman test

          • Cannot be degrading

          • It cannot be arbitrary

          • It cannot be totally rejected by society 

    • How is death penalty now okay 

      • Gregg decision

        • Bifurcation: legal term that means to split case into two staged for trial 

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

          • Analysis: Georgia bifurcated case

  • Bifurcation: a legal term that means to split a case into two stages for trial.

  • Decision: No 

  • Reason: “The punishment of death for the crime of murder does not under all circumstances, violate the Eighth and Fourteenth Amendments 

  • Essentially be careful and bring it to another jury to make sure the death penalty passes the Furman test

  • Who cannot be executed

    • Minors/youth

    • Mentally disability 

13th 

  • Dred Scott

    • Black individuals were denied citizenship in the US

    • Stated that enslaved people could not expect protection from the federal government of the courts

    • Ruled the Congress could not prohibit slavery in federal territories

  • Similar to enslavement

  • Citizenship 

    • 2nd class citizens

      • What does that mean 

  • Section 1: 13th exception clause

    • Conviction clause

1st 

Free speech main focus 

  • What is speech

    • Two types of speech

      • Verbal and symbolic 

    • Communication used to express something 

  • Protected speech 

  • SCOTUS definition: Speech may extend beyond the spoken and written word into the area of expressive conduct, in which actions send a symbolic message

    • Symbolic speech is something that isn't necessarily verbal

      • I.e. burning crosses, burning flags 

  • Restrictions on speech

    • Time, place, manner

TEST Q: what is protected speech verbatim

  • “All speech is protected unless unprotected”

  • Everything we can do and say except for: 

    • Fighting words

    • Obscenity

      • Often sexual or aggressive in nature 

      • Something lacks any scientific, artistic, or literary benefit

    • Defamation

    • Incitement of imminent lawlessness

    • Child pornography

    • False commercial speech

      • Different than puffery

        • Harassment 

  • Status that addresses what is considered free speech

  • Peaceably to assemble 

  • Free exercise 

  • Public v. nonpublic forums

Public

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

  1. Public streets

  2. Parks 

    1. Public areas receive the highest protection

  • Public safety is the exception

  • Obscenity 

  • Littering (under safety issue) 

Non-public

  • 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

 

FINAL Q: What is an amendment?

Change in a contract/the Constitution 

Final Q: If is an addendum 

Addition to a contract