Due Process
What is the main goal of due process?
To ensure fair treatment under the law.
The right to remain silent is part of which amendment?
5th Amendment
In Gideon v. Wainwright, what right was guaranteed to defendants?
The right to a court-appointed attorney if they cannot afford one.
What is the main goal of criminal law?
To punish those who break the law and protect society.
The government must follow legal procedures before taking a person’s life, liberty, or property. This principle is known as what?
Due Process
Which amendment protects against unreasonable searches and seizures?
4th Amendment
New Jersey v. T.L.O. ruled that schools can search students under what legal standard?
Reasonable Suspicion
What is the burden of proof in a criminal case?
Beyond a reasonable doubt. Person has to be guilty of the crime 100%
True or False: Due process rights only apply to criminal cases.
False; they apply in both criminal and civil cases.
The 5th Amendment protects people from being tried twice for the same crime. What is this called?
Double Jeopardy
Miranda v. Arizona established what rule that protects suspects during police interrogations?
- The Right to Remain Silent
- The Right to a Lawyer
- If you cannot afford one one will be appointed to you.
- Anything you say can be used against you in court
What type of punishment is typically given in a civil case?
- Damages
- Judge Orders to stop
What amendment contains the Due Process Clause and applies to the states?
The 14th Amendment.
The 6th Amendment guarantees the right to what type of legal representation?
Attorney or Public Defender if one can not afford one.
Tinker v. Des Moines ruled that students have free speech rights in school as long as their speech does not cause what?
A disruption to other students learning.
In a civil case, the person filing the lawsuit is called the what?
The Plaintiff
What details must a warrant include for it to be fair and valid
1. Time and Place
2. What is being searched
3. What is being seized
4. Reason warrant is being signed.
5. Signature of Judge and executing officer.
Which two amendments both include a Due Process Clause?
5th and 14th amendment
Why did the Supreme Court rule in favor of Tinker in Tinker v. Des Moines?
Because students do not lose their First Amendment rights when they enter school.
Name one key difference between civil and criminal law.
Criminal law deals with crimes against society and can lead to jail time, while civil law involves disputes between individuals and usually results in fines or damages.