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.