Term
| What is something that has affected the government greatly? |
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Definition
| The Supreme Court; the Constitution |
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Term
| What are the 5 System of rights and freedoms? |
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Definition
- Constitution
- Bill of Rights
- States
- Supreme Court
- The People
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Term
| What terms are specified in the Preamble-Article 7 part of the Constitution? |
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Definition
- Habeas Corpus
- Expose Factor
- Bill of Attainder
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Term
| Who stated there should be a wall of separation between church and state? |
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Definition
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Term
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Definition
| A test the Supreme Court gives which has to be neutral and cannot be too tied up with religion. |
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Term
| What is due process and what are the 2 types of due processes? |
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Definition
- The principle that government must respect all of the legal rights that are owed to a person according to the law.
- There is substantive and procedural due processes.
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Term
| What does Amendment 4 consist of? |
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Definition
- Probable Cause
- Search Warrant
- Exclusionary Rule
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Term
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Definition
| Enough evidence to convince the average person that a crime has been committed. |
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Term
| What is a search warrant? |
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Definition
| A court order issued by a judge that allows law enforcement to conduct a search of a person or location for evidence of a criminal offense and seize such items or information. |
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Term
| What are some exceptions to the search warrant? |
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Definition
- Has to be reasonable and specific.
- Is not necessary if a person is in custody.
- Is not necessary if a person has committed a felony.
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Term
| What is the exclusionary rule? |
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Definition
| Holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. |
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Term
| What are some exceptions to the exclusionary rule? |
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Definition
- The search warrant has to be legal and proper.
- If you collect evidence under an illegal or improper search warrant, you cannot use it in court.
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Term
| What is the case in which the exclusionary rule was established? |
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Definition
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Term
| What does Amendment 5 consist of? |
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Definition
- Double Jeopardy
- Grand Jury
- Self-Incrimination
- Eminent Domain
- Due Process
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Term
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Definition
| A procedural defense that forbids a defendant from being tried twice for the same crime on the same set of facts. |
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Term
| What are some exceptions to double jeopardy? |
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Definition
- Mistrial = mistake/error in a trial if the grand jury doesn't agree.
- Decision of appellate court = you appealed; you lost.
- Concurrent jurisdiction = exists where two or more courts from different systems simultaneously have jurisdiction (power) over a specific case.
- It cannot be double jeopardy if there isn't a verdict (decision).
- Only if you're found guilty can the Appeals court give you a chance for a new trial.
- Only applies to criminal cases.
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Term
| What are some other facts concerning the 4th and 5th Amendment? |
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Definition
- Lie detector = voluntary
- Forced confession is unconstitutional.
- Due process is covered by the due process in Amendment 14 as far as the states are concerned. Amendment 5 is of national government's concern.
- Laws cannot be arbitrary; meaning they cannot be established simply because of your taste/opinion/etc.
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Term
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Definition
| A type of jury that determines whether there is enough evidence for a trial. |
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Term
| What is self-incrimination? |
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Definition
| The act of incriminating oneself or exposing oneself to prosecution. |
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