Untitled Flashcards Set
Substantive due process- asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose in the constitution.
Procedural due process-asks whether the government has followed the proper procedures when it takes away life, liberty or property.
Writ of habeas corpus- protects against unlawful and indefinite imprisonment
Bail- They have been released until their trial because they have paid an amount of money to a law court
Grand jury- a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone.-over 50%
The exclusionary rule- prevents the government from using most evidence gathered in violation of the United States Constitution
Double jeopardy- prohibits anyone from being prosecuted twice for substantially the same crime
Miranda Rights- it protects a citizen who is arrested and in custody from unknowingly incriminating him/herself
2nd Amendment- The people can carry weapons on them, following gun laws
4th Amendment- Prevents improbable searches and seizures on the American people.
5th Amendment- guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
6th Amendment-It gives citizens a series of rights in criminal trials such as a fast and public trial by an impartial jury, right to an attorney, right to know the criminal charges, have and confront witnesses, etc…
7th Amendment-protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain 20 dollar value
8th Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment-the rights of citizens will be protected whether these rights are listed or not. Necessary and Proper clause
14th Amendment’s due process / “incorporation clause”- No person shall be “deprived of life, liberty, or property without due process of law.” The Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.
Roe v. Wade- Roe challenged a Texas law making abortion illegal except by a doctor’s orders to save a woman’s life. A state law that broadly prohibits abortion without respect to the stage of pregnancy or other interests violates that right to privacy in the 14th amendment leading to a 7-2 decision in favor of Roe holding that women have a constitutional right to an abortion under the 14th Amendment.
Dobbs v. Jackson- Question was “Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?” The Court held that the Fourteenth Amendment does not protect the right to an abortion.
Furman v. Georgia- A black man broke into a house and accidentally killed someone and was given the death penalty. This violated the constitution and the Court found that the death penalty constituted cruel and unusual punishment in the case of an accidental burglary death.
Study Guide: Civil Liberties
1) Create a list of various protections that those who are accused of a crime are afforded.
The rights of criminal defendants
The right to a public trial without unnecessary delay
The right to a lawyer
The right to an impartial jury
The right to know who your accusers
The right to know the nature of the charges and evidence against you
Place a RS next to a scenario if the government is only required to achieve the “reasonable suspicion” standard. Place a PC next to a scenario if the government is required to achieve the higher, “probable cause” standard. Place an N next to a scenario if the government is not required to achieve either standard.
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 (“Terry search”) | RS |
Search a student (principal) | N |
Search a student (School Resource Officer) | RS |
Search a student athlete via a drug test | N |
Search a student via a breathalyzer at a football game | N |
1) Describe the various amendments that offer protection from government intrusion in our lives and explain why there are exceptions to these protections. The 4th amendment Prevents improbable searches and seizures on the American people, 9th amendment is that the rights of citizens will be protected whether these rights are listed or not; Necessary and Proper clause, and the 14th amendments due process is that no person shall be “deprived of life, liberty, or property without due process of law.”. There are exceptions to these protections to protect us since if a criminal tries to get away with harm and danger using their rights, using due process the government can take away some of their rights to protect the people from risk.
2) Explain the meaning of Due Process of Law and describe the importance of the “incorporation clause” of the 14th Amendment. The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The clause was designed to protect the fundamental rights of citizens and ensure that states couldn't infringe upon these rights; substantive is
3) Detail the due process rights that are granted to those that have been accused of a crime. No person shall be deprived of life, liberty, or property, unless if they threaten someone else's life, liberty, or property in the due process law; Substantive due process examines if the government's deprivation of a person's life, liberty, or property is justified by sufficient purpose, while procedural due process considers if the government followed proper procedures in doing so.
Substantive due process- asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose in the constitution.
Procedural due process-asks whether the government has followed the proper procedures when it takes away life, liberty or property.
Writ of habeas corpus- protects against unlawful and indefinite imprisonment
Bail- They have been released until their trial because they have paid an amount of money to a law court
Grand jury- a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone.-over 50%
The exclusionary rule- prevents the government from using most evidence gathered in violation of the United States Constitution
Double jeopardy- prohibits anyone from being prosecuted twice for substantially the same crime
Miranda Rights- it protects a citizen who is arrested and in custody from unknowingly incriminating him/herself
2nd Amendment- The people can carry weapons on them, following gun laws
4th Amendment- Prevents improbable searches and seizures on the American people.
5th Amendment- guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
6th Amendment-It gives citizens a series of rights in criminal trials such as a fast and public trial by an impartial jury, right to an attorney, right to know the criminal charges, have and confront witnesses, etc…
7th Amendment-protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain 20 dollar value
8th Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment-the rights of citizens will be protected whether these rights are listed or not. Necessary and Proper clause
14th Amendment’s due process / “incorporation clause”- No person shall be “deprived of life, liberty, or property without due process of law.” The Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.
Roe v. Wade- Roe challenged a Texas law making abortion illegal except by a doctor’s orders to save a woman’s life. A state law that broadly prohibits abortion without respect to the stage of pregnancy or other interests violates that right to privacy in the 14th amendment leading to a 7-2 decision in favor of Roe holding that women have a constitutional right to an abortion under the 14th Amendment.
Dobbs v. Jackson- Question was “Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?” The Court held that the Fourteenth Amendment does not protect the right to an abortion.
Furman v. Georgia- A black man broke into a house and accidentally killed someone and was given the death penalty. This violated the constitution and the Court found that the death penalty constituted cruel and unusual punishment in the case of an accidental burglary death.
Study Guide: Civil Liberties
1) Create a list of various protections that those who are accused of a crime are afforded.
The rights of criminal defendants
The right to a public trial without unnecessary delay
The right to a lawyer
The right to an impartial jury
The right to know who your accusers
The right to know the nature of the charges and evidence against you
Place a RS next to a scenario if the government is only required to achieve the “reasonable suspicion” standard. Place a PC next to a scenario if the government is required to achieve the higher, “probable cause” standard. Place an N next to a scenario if the government is not required to achieve either standard.
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 (“Terry search”) | RS |
Search a student (principal) | N |
Search a student (School Resource Officer) | RS |
Search a student athlete via a drug test | N |
Search a student via a breathalyzer at a football game | N |
1) Describe the various amendments that offer protection from government intrusion in our lives and explain why there are exceptions to these protections. The 4th amendment Prevents improbable searches and seizures on the American people, 9th amendment is that the rights of citizens will be protected whether these rights are listed or not; Necessary and Proper clause, and the 14th amendments due process is that no person shall be “deprived of life, liberty, or property without due process of law.”. There are exceptions to these protections to protect us since if a criminal tries to get away with harm and danger using their rights, using due process the government can take away some of their rights to protect the people from risk.
2) Explain the meaning of Due Process of Law and describe the importance of the “incorporation clause” of the 14th Amendment. The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities.“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The clause was designed to protect the fundamental rights of citizens and ensure that states couldn't infringe upon these rights; substantive is
3) Detail the due process rights that are granted to those that have been accused of a crime. No person shall be deprived of life, liberty, or property, unless if they threaten someone else's life, liberty, or property in the due process law; Substantive due process examines if the government's deprivation of a person's life, liberty, or property is justified by sufficient purpose, while procedural due process considers if the government followed proper procedures in doing so.