Chapter 20 Section #1 Name
Due Process Clauses
1. What does "Due Process" mean?
No exact definition….. Gov’t acts fairly & according to established rules. (applies on a case by case basis)
2. The case of Rochin v. California 1952 demonstrated an example of procedural due process. Explain procedural due process.
Follow the rules…..
3. Describe substantive due process.
The law itself is at fault. (not the enforcement)
4. What is police power?
Power of each state to act to protect & promote the public health, safety, morals, and general welfare.
5. Define a search warrant.
Court order authorizing a search.
6. What is the most controversial application of the Right to Privacy? What is the name of the Supreme Court case that has established the guidelines?
Dealing with Abortion………… Roe v. Wade 1973
7. Describe how the Court has modified its interpretation of the Right to Privacy in various other cases.
Webster v. Reproductive Health Services 1989
· Can’t have abortions in public hospitals unless the mother’s life was at risk
· Or after 20 weeks and tests show that the fetus is viable (able to survive on own)
Chapter 20 Section #2
8. What is peonage? Is it legal? Why or why not?
A condition to forcefully work for someone to pay a debt. It is Illegal.
how a court case from 1968 could deal with the 13th Amendment.
· Jones. v. Mayer 1968
· Had to do with discrimination in purchasing/selling property
· Abolishing the “badges and incidents of slavery”
10. Why can states limit people’s right to own weapons? Explain.
· 2nd Amendment doesn’t fall under the 14th Amendment b/c the court has felt that the purpose of the 2nd was to be able to have a well-regulated militia not a guarantee for citizens to have guns w/out regulation by the Economics
11. Define probable cause.
12. In regard to the 4th Amendment, what is the exclusionary rule?
Evidence gained by an illegal act cannot be used in court.
What issue does Katz v.
14. In relation to Katz, what is included in the Omnibus Crime Control Act of 1968?
· It is illegal for any unauthorized person tap phones or use electronic devices or sell in interstate commerce.
· The Fed and States can obtain warrants to use electronic means.
Chapter 20 Section #3
Rights of the Accused
Writ of Habeas Corpus … intended to prevent unjust arrests and imprisonment, a court order directed to an officer holding a prisoner, commands that the prisoner be brought before the court and that the officer show cause why the prisoner should not be released
Bill of Attainder …………a legislative act that inflicts punishment without a court trial. Neither Congress nor the States can pass these
Ex post facto law…………has 3 features: 1) a criminal law defining a crime or providing for its punishment applied to an act committed before its passage 3) a law that works to the disadvantage of the accused. Neither Congress nor States may pass them……
Grand Jury……………….formal device which a person can be accused of a serious crime. An indictment is a formal complaint before a grand jury
Information……………….Most States bring criminal charges this way as opposed to a Grand Jury. It is an affidavit brought by the prosecutor saying there is enough evidence for a trial
Double Jeopardy………….a person cannot be tried for the same crime twice. However if a person violates both a federal and a State law in a single act, the person can then be tried for the federal crime in a federal court and for the State crime in a State court. (If no verdict, No Jeopardy)
Speedy, Public Trial………guaranteed by the 6th Amendment
Trial by Jury……………….also guaranteed by the 6th Amendment. A defendant can waive the right and receive a Bench Trial if the judge allows.
Right to Adequate Defense. again 6th Amendment. Assistance of counsel for defense.
Self-Incrimination………….Miranda Rule. Does not protect a person from being fingerprinted, or appearing in a lineup, or taking a blood test
Chapter 20 Section #4
Rights of the Accused: Punishment
Excessive Bail, Fine………..8th Amendment …. Guaranteed to ensure appearance in court
Cruel & Unusual Punishment 8th Amendment… self-explanatory
Capital Punishment………..Not Cruel…..
Treason…………………….. only crime that is defined in the Constitution , Must have testimony of at least two people in order to convict. Can only commit during time of war.