Plead the 5th!
What happens in a Grand Jury proceeding?
The state brings all the evidence they have against a defendant. The defendant is not present, and is not represented. The state has to show evidence of all elements to INDICT a defendants.
What does it mean to “have the right to remain silent”?
Don't say anything when you are under arrest, or not free to leave
What is the Constitution?
The Constitution is the founding document of the United States of America. It outlines how the government is designed to operate, and says explicitly or implicitly what the government and its citizens can do and cannot do.
What is it called to be aware of the government or other citizens taking legal action against you? (Think eviction.)
Notice
What are the two parts of the First Amendment’s Freedom of Religion?
1) the Establishment Clause and 2) the Free Exercise Clause
What is it called when you are tried for the same charge of the same crime in the same system two times?
Double Jeopardy
What does it mean that “anything you say can and will be used against you in a court of law”?
If you talk to the police when in custody or under arrest, you have waived your right to not self-incriminate, and those statements can be used as evidence against you at court
What is the difference between the Constitution as ratified in 1787 and the Bill of Rights as ratified in 1791?
The Constitution (1787) originally was only designed to establish the 3 branches of the federal government, its relation to the states, and what each were permitted and not permitted to do.
The Bill of Rights (1791) was added after to outline what rights the citizens had, and what prohibitions against government intervention existed to protect those rights.
What is a hearing?
Any official proceeding before a court to resolve a question of law or administration
Whom does the First Amendment protect against?
The First Amendment protects citizens rights from government infringement
What is the term that means to be compelled to bear witness against yourself?
Self-Incrimination
What does it mean to “have the right to an attorney”?
For procedural due process purposes, you have a right to counsel at all "critical stages" of trial against you - basically any point after you are arrested
What are enumerated rights?
Rights that are explicitly guaranteed by the Constitution (in writing).
What does it mean to cross-examine a witness?
Cross-examination occurs when opposing counsel has the opportunity to question a witness at trial or in a deposition
Idealistically, what is the reason the state is not allowed to establish a state religion?
To separate church and state and/or to avoid favoring one religion over another
What does it mean for the government to "deprive" a citizen of something?
When the government takes a life, liberty, or property interest from a person
What does it mean that “if you cannot afford an attorney, one will be provided for you”?
For procedural due process purposes, you have the right to counsel even if you are indigent (cannot afford an attorney). When that happens, a public defender will be assigned to your case to represent you at all "critical stages" (basically any point after this Miranda warning)
What are implied rights?
Rights that are not explicitly guaranteed by the Constitution (in writing), but that are interpreted based on other existing rights and past precedent (prior interpretations of the same or similar laws)
What does it mean to appeal a decision?
To appeal a trial court's decision is to request a higher court authority (an appellate court) to review questions of law found in the official trial record following the original trial court's decision
Historically, what is the reason the state is not allowed to establish a state religion?
To avoid similarities to the English Monarchy, King George III, and the Church of England
What are the two component parts of “Due Process,” which are both necessary when a person is deprived of life, liberty, or property?
Procedural and Substantive Due Process
What does it mean to “waive” your Miranda Rights?
After being read your rights, you are asked if you understand them. If you understand them, you can "waive" them, which means to acknowledge and voluntarily give up your Miranda rights. This is done automatically if you make statements without your attorney present.
When does “Substantive Due Process” exist?
Substantive Due Process exists when the "SUBSTANCE" of the law the government is trying to enact or enforce is provided by enumerated or implied rights under the Constitution.
When does “Procedural Due Process” exist?
Procedural Due Process exists when the decision making methods of a court or administrative body can be considered fair and lawful
What is the name of the doctrine that tests when government action is essential/necessary vs. arbitrary/discretionary?
"Compelling Interest Test"