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Ch 20

due process

(law) the administration of justice according to established rules and principles

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

police power

state power to enact laws promoting health, safety, and morals

search warrant

a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court

involuntary servitude

forced labor


unfair treatment of a person or group on the basis of prejudice

writs of assistance

legal document that enabled officers to search homes and warehouses for goods that might be smuggled

probable cause

(law) evidence sufficient to warrant an arrest or search and seizure

exclusionary rule

evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized

writ of habeas corpus

A court order which prevents unjust arrests and imprisonments

bill of attainder

A legislative act that inflicts punishment without a court trial

ex posto facto law

a law applied to an act committed before its passage

grand jury

the formal device by which a person can be accused of a serious crime


A formal complaint before a grand jury which charges the accused with one or more crimes.

double jeopardy

part of the 5th Amendment which says that no person can be put in jeopardy of life or limb twice. Once a person has been tried for a crime, he or she cannot be tried again for the same crime

bench trial

a trial in which the judge alone hears the case

Miranda rule

The constitutional rights which police must read to a suspect before questioning can occur.


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

preventive detention

a law which allows federal judges to order that an accused felon be held, without bail, when there is good reason to believe that he or she will commit yet another serious crime before trial

capital punishment

the death penalty


betrayal of one's country; in the Constitution, by levying war against the United States or offering comfort or aid to its enemies

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