| Term | Definition |
|---|
| Bench Trial | Judge alone hears case |
| Bail | money accused required to post guaranteeing court appearance |
| Double Jeopardy | Cannot be tried for the same crime twice ( 5th) |
| Probable Cause | reasonable suspicion of a crime |
| Plea Bargain | Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. |
| Battery | Unlawful application of force (touching) |
| Treason | Betrayal of ones country, providing aid to enemies |
| Robbery | Taking personal property from another person by use of fear or force. |
| Capital Murder | Willful, deliberate, premeditated murder |
| Search Warrant | Court ordered search based on probable cause |
| Exclusionary Rule | Rule that evidence illegally gathered by law enforcement officers may not be used against a defendant in trial. |
| Involuntary Manslaughter | Accidental killing during unlawful,but not felonious act (ex DUI) |
| Assault | Fear of touching or causing harm |
| Burglary | Breaking and entering,stealing from property |
| Public Defender | Attorney representing the defendents who cannot afford private attorneys |
| Due Process | Gov.t must act fairly and follow the same fair rules in all cases brought to trial |
| Indictment | Formal complaint before a grand jury which charges the accused with one or more crimes. |
| Felony Murder | A person killed, intentional or accidental during the commission of a serious crime. (robbery, rape, arson etc.) |
| Ex Post Facto | Law applied to an act committed before it's passage. |
| Gregg v Georgia | Is the death penalty a violation of the 8th? --- No, the death penalty does not violate the 8th or 14th |
| Renard Atkins v VA | Can a mentally retarded convict get the death penalty? --- No you can't use the death penalty on a mentally retarded convict (8th) |
| Roe v Wade | Is abortion legal? --- Abortion in 1st Trimester is legal (9th) |
| Bush v Gore | Does the recount violate the equal protection clause?--- No, recount can't be done fairly. Florida recount was unconstitutional. |
| Engel v Vitale | Is it a violation of the 1st to force students to pray in school? --- Yes, requiring students to pray violates the 1st. |
| Miranda v Arizona | The accused denied his 5th rights because he was not told them? --- Yes, statements made by accused person who have not been informed of rights may not be used in court. |
| VA v Barry E. Black | Can a state ban cross burning that is intended to intimidate? --- Cross burning is not allowed if it's intent is to intimidate. (article I) |
| Loving v VA | Are laws against interracial marriage a violation of the 14th ----Yes, laws against interrracial marriages violate the 14th |
| Korematsu v U.S. | Did a Japanese-American, have to go to internment camp during WWII? --- Ruled not discrimination because he disobeyed order to go to camp. Valid under war powers of constitution. (14th) |
| Schenck v U.S. | Does the 1st protect statements against the war effort during war (passing out anti-war fliers during war) ? --- Not proctected speech.Case established clear and present danger of whether gov't can limit speech. |
| Rhodes v Chapman | Is double celling prisoners cruel and unusual punishment under the 8th --- No, it does not. |
| Katz v U.S. | Can the government bug public telephones or is it a violation of the 4th --- No, a search warrant is necessary. |
| Gideon v Wainwright | Is a defendant entitled to a state appointed attorney if they cannot afford one? --- Yes, defendant has the right to a state apppointed attorney if the defendant cannot afford one. |
| Kyllo v U.S. | Is is a violation of the 4th for law enforcement to use thermal imaging deviceis to scan for marijauana? --- Yes, it was an illegal search and va iolation of the 4th. |
| Baker v Carr | Is the redistricting issue unfair to voters under the 14th? --- yes, was unfair did not each citizen the same vote. one person, one vote. |
| Texas v Johnson | Is flag burning protected speech under the 1st? --- This is symbolic speech and is protected. |
| U.S. v Nixon | Does the president have executive privilege to keep information from congress (i.e...the tapes) --- President has more rights than a normal citizen btu it must involve national defense issues. |
| Terry v Ohio | Does stop and frisk action without probable cause by police violate 4th? Police in a search extending only to a container when in the case of searching a car, may also search the container. |
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