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Civics Chap 8 Part 2
| Term | Definition |
|---|---|
| Due Process | government must act fairly and in accordance with established rules |
| Procedural Due Process | the government must employ fair procedures and methods |
| Substantive Due Process | the government must create fair policies and laws |
| Police Power | authority of each state to act to protect and promote the public health and safety |
| Search Warrant | court order authorizing a search |
| Eminent Domain | power of a government to take private property for public use |
| Involuntary Semitude | forced labor |
| Discrimination | bias, unfairness, prejudice |
| Writs of Assistance | blanket search warrant with which British custom officials had invaded private homes to search for smuggled goods |
| Probable Cause | reasonable grounds, a reasonable explination of crime |
| Exclusionary Rules | evidence gained as a result of an illegal act by police, cannot be used at the trial of the person |
| Grand Jury | formal device by which a person can be accused of a serious crime |
| Indictment | formal complaint before a grand jury which charges the accused |
| Presentment | a formal accusation brought by the grand jury on its own motion rather than that of the proscutor |
| Information | formal charge filed by a proscutor without the action of a grand jury |
| Double Jeopardy | part of the 5th admendment which says that no person can be put in jeopardy of life or limb twice |
| Bench Trial | a trial in which the judge alone hears a case |
| Miranda Rule | the constitutional rights which police read to a suspect before questioning can occur |
| Bail | a sum of money that the accused may be required to post as a guarantee that he/she will appear in court at the proper time |
| Preventative Detention | a law which allows federal judges to order that an accused felon may be held, without bail, when there is a good reason to believe that he/she will commit another serious crime before trial |
| Capital Punishment | the death penalty |
| Treason | betrayal of one's country |
| Abraham Lincoln | 16th President/president in the Civil War. Suspended writ of habeas corpus in 1861 during the Civil War |
| Roger B Taney | Superior Court Chief Justice at time of Civil War. He held Lincoln's action of suspending the writ of habeas corpus as unconstitional--suspend the writ of Congress alone |
| Writ of Habeas Corpus | court order which prevents unjust arrests and imprisionment |
| Bill of Attainder | a legislative that provides for the punishment of a person without a court trial |
| Ex Post Facto Law | a law applied to an act commited before its passage--works to the disadvantage of the accused |
Created by:
annetteogden