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Ch 20
Civil Liberties: Protecting Individual Rights
| Question | Answer |
|---|---|
| Due process | the gov. must act fairly and in accord with established rules at all times |
| Substantive due process | the fairness of the laws themselves |
| Procedural due process | how, the fairness of the procedures used to enforce the laws |
| Search warrant | a court order authorizing a search |
| Involuntary servitude | forced labor |
| Discrimination | bias, unfairness |
| Police Power | authority of each State to act to safe-guard the well being of its people |
| Second Amendment (arms) | written to protect citizens, right to keep and bear arms |
| Third Amendment | written as protection, quartering of soldiers |
| Fourth Amendment | search and seizure, written to prevent use of writ of assistance |
| Probable cause | a reasonable suspicion of crime |
| How do substantive due process and procedural due process differ? | Substantive due process—the fairness of the laws themselves Procedural due process—the fairness of the procedures used to enforce the laws |
| What is the "right to privacy" and how did the court rule in the Roe v. Wade decision? | The “right to privacy” is “the right to be free, except in very limited circumstances, from unwanted gov. intrusions into one’s privacy” It was applied to a woman’s right to an abortion. |
| Habeas corpus | sometimes called the writ of liberty, court order which prevents unjust arrest and imprisonments |
| Bill of Attainder | laws passed by Congress that inflict punishment without a court trial |
| Ex Post Facto Laws | new laws cannot apply to things that happened in the past |
| Grand jury | the formal device by which a person can be accused of a serious crime. |
| Indictment | a formal complaint, presents enough evidence against the accused to justify a trial. |
| Double jeopardy | once a person has been tried for a crime, he or she cannot be tried again for that same crime. |
| Bench trial | held where the judge alone hears the case. |
| Miranda Rule | A requirement In Miranda v. Arizona, the Supreme Court would no longer uphold convictions in cases in |
| Bail | a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court. |
| Preventive detention | a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released. |
| Capital punishment | the death penalty |
| Treason | the only crime defined in the Constitution. |
| Why does the Constitution specifically define treason? | levying war against the U.S. “adhering to their Enemies, giving them Aid and Comfort” |
| What does the writ of habeas corpus seek to prevent? | unjust arrest and imprisonment |
| List the provisions of the 6th Amendment concerning the rights of the accused? | a person accused of a federal crime must be tried “by an impartial jury” |
| What guarantees does the 5th Amendment offer to the accused? | a grand jury |
Created by:
dwigmans13
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