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civil liberties ch 4
| Question | Answer |
|---|---|
| In what year did the a conservitive Supreme Court allow exceptions,such as the good-faith exception, to the exclusionary rule?(123) | The year of 1980 |
| When Patrick Knowles was Arrested for possesion of marijuana why did the Supreme Court allow him to walk away scotch free?(123) | The Court held that the search of Knowle's car violated the Fourth Admendment, because the arrestin officer did not have probable cause for the search of Knowle's vechile |
| Who allowed the USA Patriot Act to let the government to spy on politcal and religios groups without a any connection to criminal investigations?(124) | Attorney General John Aschcroft |
| In the court case Miranda v. Arizona(1966) What three statements must a suspect be told?(124) | 1)You have the right to remain silent and may stop answering questions 2)What they say can be used against them in a court of law 3)They have the right to have a lawyer present during questioning and that the court will provide one if you can't afford o |
| What Supreme Court decision held that the First Amendment protects newspapers from prior restraint? (107) | Near v. Minnesota |
| What court decision was made through Schenck v. United States? (107) | The government can limit speech if the speech provokes a "clear and present danger" of substantive evils |
| Government preventing material from being published is known as? (106) | Prior Restraint |
| Why was Charles T. Schenck charged with impeding the war effort? (107) | He distributed thousands of leaflets urging young men to resist the draft. (Schenck v. United States) |
| Which court case defined obscenity by reasons such as a lack of "literary, artistic, political, or scientific value?" (114) | Miller v. California |
| Which act banning transmission of obscenity to people under the age of 18 was overturned by the Supreme Court? (115) | Communications Decency Act |
| How did New York Times v. Sullivan define libel? (115) | Only libelous if made with malice and reckless disregard for the truth. |
| What reasoning was given by the Supreme Court for the 2002 overturning of a law banning virtual child pornography? (115) | Law was overly vague and a violation of free speech. |
| The Bill of rights consists of what Amendments? pg 99 | The first 10. |
| The first 10 Amendments were passed by Congress on September 25, 1789. When were they ratified? pg 99 | They were ratified by the states on December 15, 1791. |
| What protects Civil Liberties? pg 98 | Bill of Rights/ 1st 10 Amendments. |
| Which court decision holding that the Bill of Rights restored only the national government and not states and/or cities? pg 99 | Barron vs. Baltimore |
| What year did the Court consolidate the right to abortion established in the Roe case with the protection of women's right to enter an abortion clinic? (p. 132) | 1994 |
| The democratic and the constitutional components of government can produce conflicts, but they also _______ each other. (p. 133) | Reinforce |
| What are two crucial components of deocracy that conflict with majority rule, another crucial democratic component? (p. 133) | Individual Participation and the expression of ideas |
| _______________ in America are both the foundation for and a reflection of our emphasis on individualism. (p. 133) | Civil liberties |
| What do the people need to be able to govern themselves in an intelligent manner? (Pg. 133) | They need access to all available information and opinions |
| Individual participation and the expression of ideas conflict with: (Pg. 133) | Other individual rights |
| When the government is trying to constrain an individual's rights, who usually wins in a court case? (Pg. 134) | The individual person or group |
| What are substantial governments usually required to protect? (Pg. 134) | The expansion of rights that we have witnessed in this century |
| What are the four freedoms guaranteed by the first amendment? (pg.120) | Religion, speech, press, and assembly |
| What is the second facet of freedom of assembly? (pg.120) | The right to associate with people who share a common interest(including an interest in political change) |
| As a result of the Miranda vs. Arizona case, what did Congress force policeman to do? (Pg. 125) | Congress forced policeman to tell criminals they have the right to remain silent. Anything the criminal(s) says can and will be used against them. Criminals also have the right to an attorney. If they can't afford one, one will be appointed to them. |
| What is the constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process? (Pg. 124) | The Fifth Amendment |
| The Fifth Amendment forbids self-incrimination. What does this mean? (Pg. 124) | A person accused of a crime can't be compelled to be a witness against his or herself in court. |
| What constitutional amendment protects individuals accused of crimes, including the right to counsel, the right to confront witnesses, and the right to a speedy and public trial? (Pg. 125) | The Sixth Amendment |
| Court case that upheld the use of vouchers to pay for religious schools in Cleveland, OH? (Pg. 102) | Zelmann v. Simmons-Harris |
| Engel v. Vital and School District of Albington Township, Pennsylvania v. Schempp up held that this would be a violation of the Establishment Cause? (Pg. 102) | Prayer in public schools |
| In Kiryas Joel v. Grumet, court ruled New York had gone too far by doing what? (Pg.102) | Establishing a school district for a village of Hasidic Jews. |
| Court allowed Pawtucket, RI to construct what on public property in 1984? (Pg. 103) | A Christmas Nativity scene. |
| To what extent can the Supreme Court define “obscenity?” | The Supreme Court cannot define obscenity, stating that he’ll “know it when [he sees] it.” In Roth v. United States (1957) obscenity is not In the area protected by freedoms of speech and press. (pg. 112-113) |
| How has the definition of free speech (or press) changed due to Supreme Court Decisions? | As Free Speech and Press is broadly defined, it gives way for potential conflicts to occur. |
| Should it be right for reporters to be allowed to protect their sources? | The conflicting sides between the protection of potential witnesses to withhold the information, or that the amendment gives the press no right to refuse to give information and has an obligation to produce the evidence if needed. (pg. 112-113) |
| What is the extent of our public and private rights? | An individual’s private and public life can overlap so there may not be a definite border between the two. In addition to, reporters argue that they have the “right to know” any of the current life of many citizens. (pg. 112-113) |
| How did the 1833 court case, Barron v. Baltimore, affect a state's ability to pass laws? | States could pass laws infringing on rights granted by the Bill of Rights unde the decision that the Bill of Rights only restricted the national government |
| Which amendments in the Bill of Rights deal directly with natural liberties granted for a court hearing? | Fifth, Sixth, Seventh, Eighth |
| How does the first amendment protect the people's opinions? | It grants protection of speech, religion, petition, and a group's ability to peacably assemble. |
| Freedom from quartering soldiers during peacetime is granted by what amendment? | The third amendment |
| People and states receive rights not previously granted by the rest of the Bill of Rights in which two amendments? | Ninth and tenth |
| Ratified on 1868, the Fourteenth Amendment declaried what? | No state can take property or rights without due process of law. |
| What two elements make up the First Amendment and what do they state? | 1) Establishment Clause: Congress shall make no law respecting an establishment of Religion 2) Free Exercise Clause: Prohibits the abridgement of citizens' freedom to worship, or not worship, freely. |
| What did the incorporated doctrine do? | Nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. |
| In Lemon v. Kurtzman, the Supreme Court declared that aid to Church-related schools must have what? | 1) Have a Secular Legislateive purpose. 2) Have a Primary effect that neither advances nor inhibits religion. 3) Not foster an excessive government "entanglement" with religion. |
| Which Amendment is a guarantee that guarantees the free exercise of religion? | The 1st Amendment - Peope have a right to believe what they want; but to some extent, some rights are still prohibited and illegal and would therefore the person(s) commiting the crime (such as killing a human sacrifice) would still be convicted. |
| In which court case did teh court decide that state laws interfering with religious practices but not specifically aimed at religion are constitutional, as well as apply general law to conduct even if the religions conducted is inspired? | The Employment Division v. Smith (1988) |
| For which unconstitutional act did Congress attempt to allow persons the right to perform their religious rituals unless the government can show that the law or regulation is a pursuit of "compelling interest"? | The Religious Freedom Restoration Act of 1993 |
| The free exercise of religious beliefs sometimes clashes with society's other values or laws. Thus a democracy depends on: ____ | The free expression of ideas, In America, freedom of conscience is absolute; Americans can believe whatever they wish (as long as it's with reasonable society friendly acts ~ No killing or etc...) |
| During the 1950s, the Supreme Court valued what over which amendment? | The U.S. Supreme Court valued national security over the First Amendment |
| The 1971 case of New York Times v. United States was the result of what issue? | Daniel Ellsberg(forger Pentagon official) leaked Pentagon papers to New York Times. Goverment argued that national security was breached. While the times argued that their freedom to publish was violated. (incorporated First Amendment) |
| What was the outcome of the 1971 case New York Times v. the United States? | In a 6 to 3 vote, the Supreme Court did not stop the publication of the classified documents, as they saw it would cause no harm to national security. |
| The 1960s brought along a wave of unrest among the general public as a result of what war? | Vietnam War |
| Who regulates the content,naturem and very existance of radio and broadcasting? | The Federal Communications Commission |
| Clrence Giedon was th first to write s paupers petition for what? | Defendents in all felony cases hsd s right to counsel |
| The Eighth Amendment forbids what? | Cruel and unusual punishment |
| The Apprendi Vs. New Jersy and Blakley Vs. Washington were court cases realating to what? | Expending role of jurys decisions |
| Whats a Plea Bargain? | A Bargain struck between the defendents lawyer sn prosecuter |
| What are the stages of the criminal justice system? (pg.121) | Evidence gathered, suspicion cast, arrest made, interrogation held, punishment imposed. |
| What was the outcome of NAACP v. Alabama? (pg.120) | The court found it an unconstitutional reaction on freedom of association. |
| What is the establishment clause? p100 | congress shall make no laws respecting an establishment of religion |
| What is the free exercise clause? p100 | prohibits the abridgement of citizens freedom to worship or not to worship as they please |
| Describe The court case Lemon v Kurtzmen. p101 | the court case in which the supreme court declared that aid to church related schools must have a secular legislative purpose, a primary effect that neither advances nor inhibits religion, and can not foster an excesive government entanglement with religi |
| Who argued that the 1st ammendment created a wall of seperation between church and schools/state? p101 | Thomas Jefferson |
| What five amendments are mostly applied in the criminal justice cases | 4th, 5th, 6th, 7th, and 8th. |
| What are the stages of the Criminal Justice System? | 1. Evidence gathered 2. Suspicion cast 3. Arrest made 4. Interrogation held 5. Trial 6. Punishment |
| What protects the rights of the defendent in the criminal justice stages? | The Constitution protects the right of the accused at every stage. |
| Before making an arrest police need a reason to believe that the person is guilty of a crime, is known as? | Probable Cause |
| What is a search warrant? | A written authorization from the court allowing the area to be searched by police and find what they are looking for. |
| What is the NAACP vs. Alabama court case? | A famous case at the Height of Civil Rights Movement, where Alabama tried to harass the state chapter of the National Association for the Advancement of Colored People by requiring it to turn over its membershihp. |
| what was the significance of the NAACP vs Alabama Court case? | The government may not force even a controversial group to identify its members, absent establishing a compelling state interest in disclosure. The right of private free association belongs to all who respect the rights of others |
| Wearing an armband, burning a flag, an marching in a parade are examples of what? | Symbolic Speech. |
| What was the texas vs. johnson case? | the supreme court struck down a law banning the burning of the Amercian flag on the grounds, that such action was symbolic speech proteted by the first amendment. |
| The FTC attempts to..? | ensure that advertisers dont make false claims for their produts. |
| why is obscenity not protected by the first amendment? | because taste is so personal, courts have struggled classifying something as "obscene" and hence not entitled to constitutional protection. |
| Which does the FCC have more power to Censor, Print media or Broadcasting Media? | Broadcasting Media. |
| What limits are put on the right to assemble? | The Time, Place, and manner of the assembly |
| What was the Red lion Broadcasting vs. FCC case of 1969? | The court upheld restrictions on on radio and television stations, reasoning that such laws were justified because only a limited number of broadcasting frequencies were available. |
| what 1992 case,in which the supreme court loosened its standard for evaluating restrictions on abortion? | planned parenthood v. casey |
| in ____ the court found that a department of health & human service ruling- specifying that family planing service receiving federal fund could not provide women any counseling regarding abortion? | rust v. sullivan |
| what supreme court case wrestled with the privacy issue? | Griswold v. connecticut |
| who passed numorus statues forbiding the use of federal funds for abortion? | congress |
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