Amendment IV
a court order issued by a magistrate, judge or Supreme Court official that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if it is found. A search warrant cannot be issued in aid of civil process.
This says that one have the right to be fully informed of what they did and how they broke the law.
Supreme Court held that death penalty "does not invariably violate the constitution"; as it was deemed necessary for this case
Civil Claim must be ________ or more
a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal court
An order by an appellate court to hear a particular appeal
What is a Writ of Certiorari?
Which amendment guarantees a speedy public trial for criminal offenses. It requires a jury and guarantees the right to legal council, and also guarantees the accused the right to know the charges against him?
a law that prohibits the use of illegally obtained evidence in a criminal trial.
What is the role of a grand jury?
What is to determine whether there is sufficient evidence of a crime to indict a person?
What is:
1. The jury must be impartial and not prejudiced against the defendant
2. The jury must be local, of the "district wherein the crimes shall have been committed"
Court ruled that the death penalty at the time was cruel and unusual punishment; the crime in this case was not especially heinous
A constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to the states through the due process clause of the Fourteenth Amendment. ... Until the early twentieth century, the Bill of Rights was interpreted as applying only to the federal government
factual evidence not based only on suspicion.
What are the five main clauses of the fifth amendment?
grand jury, double jeopardy, self incrimination, due process, eminent domain
What are some of the rights guaranteed by the 6th Amendment? Tell me about 3.
What is:
1. innocent until proven guilty
2. defendant deserved to have the question of guilt or innocence resolved as soon as possible
3. to avoid long period of uncertainty and damage to his or her reputation
4. a speedy trial prevents defendants from spending a long time in jail before trial AND guarantees a more accurate verdict
Wiretapping phones without a warrant is unconstitutional because one expects privacy while talking on the phone. Searching places that one would expect to have privacy without a warrant is unconstitutional.
a written order issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task.
Ruled that police may give you a pat down over your clothes to search for weapons but only with reasonable suspicion
What are the two parts of the due process clause?
case that overruled the betts v. brady decision: state court could refuse a defendant a counsel/ lawyer if the person does not have any "special circumstances" (decided by the state court) ex: capital cases, defendant's illiteracy, etc..
Court declared that states violate the cruel and unusual punishment clause of the 8th Amendment when the death penalty is imposed for murders who are mentally retarded.