Government Chapter 20

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Gov. 20 Review Sheet

14th Amendment

gave blacks the right of citizenship in America.

Police Power

power of each state to protect and promote health, safety, and welfare of the public.

Due Process

government must act fairly and in accord with established rules.

Griswold v. Connecticut

Supreme Court struck down law that outlawed use of contraceptives.
Supreme Court ruled it violated 14th Amend. due process clause (state can't take away basic liberties).

Roe v. Wade

Supreme Court held that right to privacy encompassed a woman's decision to terminate pregnancy in 1st trimester.

Abortion Regulation

state may regulate in 2nd trimester or prohibit in 3rd trimester unless it endangers the life or health of the mother based on state's right to protect health of the woman.

2nd Amendment

protects the right to keep and bear arms.

4th Amendment

protects citizens from unreasonable search and seizure.

Exclusionary Rule

evidence from unlawful search can't be used in a court of law.

Mapp v. Ohio

exclusionary rule applied to state courts as well as federal courts.
Police looked for gambling evidence, found none, did find dirty books.
Police had no warrant and Supreme Court overturned conviction.

Search Warrant

a court order authorizing a search.

Probable Cause

reasonable grounds to suspect crime has taken place-this is necessary to obtain a search warrant.

Search Warrant Exceptions

#1. when evidence is in "plain view"
#2. automobiles
#3. search during a lawful arrest

Random Drug Testing of Student Athletes

SC also upheld drug testing of student athletes and anyone involved in extracurricular activities.

5th Amendment

government cannot deprive you of life, liberty or property without due process of law.

Double Jeopardy

can't be tried for the same crime twice unless it violates both state and federal laws.

Miranda v. Arizona

Miranda confessed to kidnapping and rape, but wasn't informed of his right to remain silent.
His conviction was overturned.
He was retried without his confession.
He was still convicted.

6th Amendment

the right to a speedy trial, a public trial, to be judged by an impartial jury, to be notified of the nature and circumstances of the alleged crime, to confront witnesses who will testify against the accused, to find witnesses who will speak in favor of the accused, & to have a lawyer.

Gideon v. Wainwright

states must appoint attorney for poor felony defendants.
Many states have public defenders or appoint private attorneys for the poor.

Impartial Jury

A jury of people who have no prior knowledge or preconceived notions about the guilt or innocence of a defendant.

Sheppard v. Maxwell

Supreme Court ruled that Cleveland press had cause unfair publicity against Sam Sheppard in his murder case.
Sheppard was granted a new trial with new rules that limited the press to a small extent

8th Amendment

prohibits excessive bail and cruel and unusual punishment.

Bail

a sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time.

Death Penalty

The punishment of execution, administered to someone convicted of a capital crime.

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