Due Process
The Due Process Clause (of both the 5th and 14th Amendments) protect against deprivations of these things.
What are deprivations of Life, Liberty, and Property?
These are the three levels of judicial review in Equal Protection law.
What are rational basis review (minimum scrutiny), intermediate scrutiny, and strict scrutiny?
Name three exceptions to the 4th Amendment warrant requirement.
What are exigent circumstances, search incident to arrest, (consent), voluntary police/citizen interactions, automobile, plain view, or stop and frisk.
Most criminal offenses and their elements are generally comprised of these two components.
What are mens rea (intent) and actus reus (act)?
This is the English translation of Jus in Bello.
What is the "right in war"?
These two things are required to satisfy minimum due process.
What are adequate notice and a reasonable opportunity to be heard?
This is the test to satisfy strict scrutiny
What are 1) least restrictive means, 2) a narrowly tailored to accomplish; 2) a compelling government interest?
This is the test to determine when Miranda rights must be read.
What are: 1. Custody and 2. Interrogation
Name one uniquely military crime we studied in class and provide the correct UCMJ article for that offense.
What is failure to go (Article 86); desertion (Article 85); contempt toward officials (Article 88); disrespect to a superior officer (Article 89); failure to obey (Article 92); false official statement (Article 107); conduct unbecoming (Article 133); the general article (Article 134)
These are the five core targeting principles of jus in bello; sometimes called the Principles of LOAC.
What are Distinction, Proportionality, Military Necessity, Unnecessary Suffering, and Chivalry?
This type of deprivation is involved when a person's good name, reputation, honor or integrity is at stake.
What is Liberty?
This case was the first to consider a race specific government policy in the context of national security in time of war.
What is Korematsu v. United States?
This is a required purpose of a military inspection.
What is the security, military fitness (readiness), or GOAD of the unit, Morale, welfare, and health of the unit?
Of the homicide offenses, these are the elements they all share in common.
What are the first three elements?
How many permanent and how many non-permanent members are on the UN Security Council?
What are 5 and 10?
More than this level of deprivation is required in order to trigger minimum due process.
What is de minimus?
What was the level of review the court used in the Clark v. The Community for Creative Non-violence case?
What is intermediate scrutiny?
This is the test to determine when Article 31 rights must be read.
What is: 1. Questioner and Questionee subject to UCMJ; 2. Questioner has a reasonable suspicion of a crime; 3. the questioner was or was reasonably considered to be acting in an official law enforcement or disciplinary capacity; and 4. interrogation.
What is culpable negligence (disregard for the foreseeable consequences of your actions) and simple negligence (not acting as a reasonable person would in the same scenario)?
What is the two-part test to determine if something is customary international law?
These are the 4 factors to be weighed under the Mathews v. Eldridge balancing test.
What are: 1. Nature of Private Interest, 2. Risk of Erroneous Deprivation, 3. Value of Additional Safeguards, and 4. Nature of Government Interest
This is what happens to a law when a court decides that it does not meet the required level of scrutiny under equal protection.
What is the equal protection clause is violated and the law is struck down?
This case addressed the voluntary interaction exception to the 4th Amendment warrant requirement.
What is Florida v. Bostick?
For an unlawful killing to be voluntary manslaughter, the homicide must be committed in ___________ and caused by _____________.
What are the "heat of passion" and "adequate provocation"?
This is the legal standard applied to the targeting principle of "proportionality" according to Additional Protocol I to the Geneva Conventions.
What is attacks cannot be excessive in relation to the concrete and direct military advantage anticipated?