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Due process clause of the Fourteenth Amendment

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The idea that the state must use procedures under the law before depriving someone of life, liberty, or property and was created after the civil war

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Selective Incorporation

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The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth amendment actions by state governments

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Which of the following statements are true concerning the right of assembly:

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- Regulations of public assemblies must be applied fairly to all groups - Individuals cannot hold an assembly at a busy intersection during rush hour - Public officials can regulate the time and place of assemblies

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The Patriot Act

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The law passed by Congress, soon after 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals

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Establishment Clause

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Government may not favor one religion over another or support religion over no religion and bans the state from helping religious institutions also restricts the establishment of an official religion

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Free-exercise Clause

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Americans are free to hold any religious belief of their choosing and bans the state from restricting the free practice of any religion

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Roe vs Wade

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- 1973 - Abortion - Gave women full freedom to choose abortion during the first three months (1st trimester) of pregnancy

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Free speech is usually protected in the United States unless it :

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- Presents a clear and present danger to others - leads to imminent and lawless action - Involves false commercial advertising claims

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In following the Eighth Amendment, the Supreme Court has used ____, ____, and ____ test to determine if an action constitutes cruel and unusual punishment

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- Determining whether a punishment is "disproportionate to the offense" - Determining if a punishment is "unnecessarily cruel" - Determining if a punishment violates "fundamental standards of good conscience fairness"

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Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that:

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Government generally cannot stop the news media from reporting a story

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Symbolic Speech

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Action not words, still protected by the 1st amendment

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Bill of Rights

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Ratified in 1791, the first ten amendments lists a set of rights that the federal government is obliged to protect

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1st Amendment

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Freedom of Speech, Press, Assembly and Religion

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2nd Amendment

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The right to bear arms, and protects a well-regulated militia

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4th Amendment

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Protection against unreasonable search and seizure

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5th Amendment

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Protection against self-incrimination or double jeopardy

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6th Amendment

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Right to jury trial, right to an attorney, and right to confront witnesses

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8th Amendment

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Protection against cruel and unusual punishment

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10th Amendment

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Due process Clause from Federal

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Libel

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A false written statement about other people that harms their reputation

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Slander

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A false verbal statement about other people

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Freedom of Expression

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The right of individual Americans to communicate thoughts of their choosing

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Imminent Lawless Action

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An imposing barrier to any government attempt to restrict speech The test: - has two criteria for speech advocating the unlawful use of force to be prohibited - says that speech must be likely to produce lawless action - says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action

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The establishment clause and free-exercise clause are related to :

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Religion

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Why was the National Security Agency's wiretapping of phone calls and email messages originating in the United States, first revealed by The New York Times in 2005, controversial?

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The wiretapping had been authorized by President George W. Bush without approval from the courts. The wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978.

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Lemon Test

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- Created after Lemon vs. Kurtzman - 3 point test - States that the policy must have non-religious purpose, the principle must be one that neither advances nor inhibits religion, and the policy must not foster "an excessive government entanglement with religion"

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Inevitable Discovery Exception

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- States that exclusion of physical evidence that would have been found anyway has no effect on fairness of a trial - Allows admission of tainted evidence in certain cases - was developed in the case of Nix vs. Williams (1984)

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Plain View Exception

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Excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction - created in Whren vs. United States (1996)

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Since the 1950s, what has been the government's approach to free speech?

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- The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically - Not a single individual has been convicted solely for criticizing the government's war policies - The Supreme Court has ruled that national security must truly be at risk before the government can limit speech

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True statements about libel and slander

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- Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. - Laws on libel and slander are based on assumption that society has an interest in encouraging media and citizens to express themselves freely

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The Sedition Act of 1798

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Made it a crime to print harshly critical newspaper articles about the president

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Under the 5th Amendment, suspects:

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charged with a federal crime cannot be tried unless indicted by a grand jury

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Racial Profiling

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Is the targeting of individuals from particular groups, such as Blacks, Hispanics, and Muslims.

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Miranda vs. Arizona (1966)

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- Incorporated the Miranda Rights - Protects the right to remain silent , and the right to an attorney

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Miranda Warning

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1. You have the right to remain silent. 2. Anything you say can and will be used against you in the court of law. 3. You have the right to talk to a lawyer, and have him/her present with you while you are being questioned. 4. If you cannot afford a lawyer, one will be appointed to represent you before questioning, if you wish. 5. You can decide at any time to exercise these rights and not answer any questions or make any statements *created in Kansas City, Missouri* *must knowingly and willingly waive rights*

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Exclusionary Rule

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The legal principle that the government is prohibited from using evidence that was obtain unconstitutionally in trials - was adopted in Weeks vs. USA (1914) - was incorporated in Mapp vs. Ohio (1961)

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Weeks vs. USA (1914)

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" the tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches and enforced confessions... Should find no sanction in the judgment of courts" - Adopted the "exclusionary rule"

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Mapp vs. Ohio (1961)

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- Incorporated the "exclusionary rule" and made it applicable to the states

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United States vs. Leon (1984)

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Ruled that evidence discovered under a faulty warrant was admissible because the police acted in "good faith" - created the "good faith exception"

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Good Faith Exception

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Excludable evidence can be admitted in trial if police believed they were following proper procedures

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Incarceration Rates in the United States

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The number of federal and state prisoners has more than doubled since 1990. The United States has the largest prison population in the world on a per capita basis. Most state legislatures have enacted stiffer criminal penalties in the past two decades.

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Reconstruction Act

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Placed southern states under military rule until they ratified the 14th amendement

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New York Times Co vs. United States

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Ruled that prior restraint is unconstitutional without a compelling argument for the restriction

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Prior Restraint

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Government prohibition of speech or publication before it occurs

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The Supreme Court determined that privacy rights extended to consensual activity between same-sex partners in

answer

Lawrence vs. Texas

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Which legal provision requires law enforcement officials to appear before a judge to specify the reason detaining an individual

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Writ of habeas corpus

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The Supreme Court consistently rules that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was:

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Within the president's power as commander-in-chief

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Gitlow vs. New York

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Ruled that states do not have complete power over what their residents can legally say

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1917 Espionage Act

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Prohibited forms of dissent that could have harmed the nations effort in WWI

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Engel vs. Vitale (1962)

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Held that the establishment clause prohibits the reciting of prayers in public schools

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Wall of Separatine Doctrine

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A strict separation of church and state

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Accommodation Doctrine

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Allows government to aid religious activity if no preference is shown toward a particular religion and if assistance it is of non-religious nature

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Columbia vs. Heller

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Ruled that the second amendment protects an individual (s) right to possess a firearm unconnected with service in the militia and to use that arm for traditionally lawful purposes, such as self-defense in one's home [federal]

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McDonald vs. Chicago

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The Supreme Court through selective incorporation applied the Heller standard to state and local law

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Griswold vs. Connecticut

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Challenged state law prohibition of the use of contraceptives such as condoms or birth control even by married couples. The Court ruled that individuals have a " Zone of [personal] privacy" that the government cannot lawfully invade "emanations" led to "penumbras" which contained a generalized right to privacy

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Webster vs. Reproductive Health Services

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Prohibited abortions from happening in state funded medical facilities

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Planned Parenthood vs. Casey (1992)

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Pennsylvania created law that requires a minor to have a parent or guardian consent before obtaining an abortion

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Gonzales vs. Carhart (2007)

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Supreme Court held a ban on the use of a particular type of abortion, act was called the "Federal Partial-Birth Ban Act"

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Bowers vs. Hardwick (1986)

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Supreme Court held that the right of privacy did not extend to consensual sexual relations among adults of the same sex.

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Procedural due process

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Refers to the procedures that authorities must follow before a person can lawfully be punished for an offense.

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Riley vs. California & United States vs. Wurie

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Police can search and seize physical evidence but they cannot search or seize contents of a cell phone without a warrant

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Johnson vs. Zebst (1938)

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Criminal defendants in federal cases must be provided a lawyer at government expense if they cannot afford one

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Gideon vs. Wainwright 1963

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Incorporated full right to counsel Rejected and overruled the "special circumstances rule"

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Powell vs. AL 1932

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Incorporated access to counsel Special Circumstances rule

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Indianapolis vs. Edmund

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Ruled that narcotic roadblocks serve a general law enforcement purpose rather than one specific to highway safety and therefore violates the 4th Amendment requirement that police must have a warrant

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Felker vs Turpin (1996)

answer

law is designed to prevent frivilous and multiple federal court appeals: inmates can have multiple state appeals and only one federal appeal

question

Escobedo vs. Illinois (1964)

answer

extended the right to counsel to the custodial stage merged 6th and 5th amendment

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