Amendments
This amendment protects you from "unreasonable searches and seizures" by the government.
What is the 4th Amendment?
Federal judges are appointed by this person, the head of the executive branch.
Who is the President?
In a criminal case, the government prosecutes a person accused of breaking this.
What is the law?
In this step, law enforcement officers gather evidence and interview witnesses to investigate the crime.
What is the investigation?
This term refers to judges making rulings that go beyond interpreting the law, often creating new policies or laws.
What is judicial activism?
The right to remain silent and protection against double jeopardy come from this amendment.
What is the 5th Amendment?
After nomination, federal judges must be confirmed by this part of Congress.
What is the Senate?
In a civil case, the person who brings the lawsuit is typically called this.
What is the plaintiff?
This step involves reading the charges to the defendant and informing them of their rights. They will also plea guilty or not guilty at this step.
What is the arraignment?
Judges who believe in following the original intent of the Constitution and limiting their role to interpreting laws, not making them, are said to practice this.
What is judicial restraint?
This amendment guarantees the right to a speedy and public trial, as well as the right to an attorney.
What is the 6th Amendment?
Federal judges serve for this length of time, unless they resign, retire, or are removed.
What is for life (or lifetime tenure)?
Unlike criminal cases, civil cases often result in this type of remedy rather than jail time.
What is monetary compensation (or damages)?
During this step, a judge may set a dollar amount to allow the defendant to be released from custody before trial.
What is the bail hearing?
This landmark Supreme Court case, is often cited as an example of judicial activism, where the Court ruled to desegregate public schools despite existing precedents.
What is Brown v. Board of Education?
This amendment, passed after the Civil War, guarantees "equal protection of the laws" to all citizens.
What is the 14th Amendment?
This is the term known as where a Judge can rule on a certain case, this can be at the state or federal level.
What is jurisdiction?
In a criminal case, this term refers to the formal accusation brought against a defendant, typically initiated by a grand jury.
What is an indictment?
During this step, the prosecution and defense may engage in plea bargaining, where the defendant may agree to plead guilty in exchange for a reduced sentence.
What is the plea bargain?
In judicial restraint, judges typically believe that decisions about social and political issues should be made by this branch of government, rather than the judiciary.
What is the legislative branch?
In this 1963 Supreme Court case, the Court ruled that the 6th Amendment requires states to provide an attorney to defendants who cannot afford one.
What is Gideon v. Wainwright?
This 1803 Supreme Court case, which established the principle of judicial review, is often viewed as an early example of judicial activism because it gave the courts the power to strike down laws passed by Congress.
What is Marbury v. Madison?
A criminal defendant can be protected from self-incrimination under this amendment, a protection that generally does not apply in civil cases.
What is the 5th Amendment?
This step in the criminal justice system involves the presentation of evidence, cross-examination of witnesses, and the defendant's opportunity to challenge the prosecution's case.
What is the trial?
This is an indirect potential consequence of a Supreme Court dominated by justices who adhere to a philosophy of Judicial activism.
What is public trust and legislating from the bench?