American Government: Stories of a Nation (Presidential Election Update) - Chapter 8.5-8.6

procedural due process

• a judicial standard requiring that fairness be applied to all individuals equally

Fourth Amendment

• Protection from unreasonable searches and seizures

warrant

• a document issued by a judge authorizing a search

probable cause

• reasonable belief that a crime has been committed or that there is evidence of criminal activity

exclusionary rule

• a rule that evidence obtained without a warrant is inadmissible in court

Mapp v. Ohio

• incorporated the exclusionary rule

Fifth Amendment

• guarantees procedural due process for criminal defendants in federal cases, prohibits double jeopardy, and protects against self incrimination

grand jury

• a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted for criminal charges and subsequently tried in court

double jeopardy

• protects an individual acquitted of a crime from being charged with the same crime in the same jurisdiction

self-incrimination

• an unfair process where individuals are compelled to give testimony that might lead to criminal charges against them

Miranda v. Arizona

• Miranda self-incriminated without knowing his rights or having an attorney present; brought case to Supreme Court where his conviction was overturned

• Significance: led to Miranda rights - the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity

Sixth Amendment

• guarantees the right to an attorney at trial

Gideon v. Wainwright

• Incorporated the Sixth Amendment, and broadened it to include court-appointed attorneys

Eighth Amendment

• prohibits excessive bail and cruel and unusual punishment

bail

• an amount of money posted as a security to allow the defendant to be freed while awaiting trial

right to privacy

• the right of individuals to keep their personal lives private from government interference

Griswold v. Connecticut

• Overturned a Connecticut law banning contraceptives

• the first case where the Court affirmed that the Constitution protects the right of privacy - “penumbra” of privacy (implied privacy) in place by several Constitutional amendments

Lawrence v. Texas

• Court struck down a sodomy law making same-sex sexual conduct illegal

• protects right of consenting adults to express their sexuality in private without government interference

Roe v. Wade

• protected the right of women to obtain an abortion during the first three months of pregnancy

• not absolute right - states can regulate after 1st trimeter and ban after 2nd trimester

Ninth Amendment

• Individuals have rights in addition to those not expressly mentioned

Restrictions placed by SCOTUS rulings on police use of modern technology in evidence collection.

• Need a warrant to search cell phones

• cannot place GPS trackers on cars

• need a warrant to access cell tower location information

Arguments for and against the use of capital punishment and SCOTUS restrictions placed on the application of the death penalty based on the status of the defendant.

• Capital punishment arguments are usually based on the Eighth Amendment (cruel/unusual punishment)

  • For: effective deterrent against most heinous crimes

  • Against: conviction errors, discriminatory sentencing, lack of evidence of deterring serious crimes