Due process Landmark cases:
Terms in this set (8)
Furman v. Georgia (1972)
8th amendment (capital punishment) Raised the question of racial imbalances in the use of death sentences by state courts. Furman had been convicted and sentenced to death. Deciding to overturn existing state death penalty laws, courts noted that there was an "apparent arbitrariness use of sentence"...Many states rewrote death penalty statutes and were generally upheld
Gideon v. Wainwright (1963)
6th amendment (right to counsel) Florida court found Gideon guilty of breaking and entering and sentenced him 5yrs. Appealed case to Supreme Court that he had been unconstitutionally denied counsel during trial due to Florida's policy only providing in capital cases. Gideon granted new trial, found not guilty with help of court appointed attorney. The "Gideon Rule" upheld the 6th amendment guarantee of counsel of all poor persons facing a felony charge, a further incorporation of bill of rights guarantees into state constitutions.
Mapp v. Ohio (1962)
4th and 14th amendment (illegal evidence and due process clause) Cleveland police raided Mapp's home without warrant found obscene material. 4th and 14th protected her against improper police behavior. Courts agreed "exclusionary rule" protections to citizens in state courts, saying prohibition against unreasonable searches would be meaningless unless evidence gained in such searches was excluded. Mapp developed the concept of incorporation.
Miranda v. Arizona (1966)
5th, 6th and 14th amendment (rights of the accused) arrested for kidnapping and sexual assault Miranda signed a confession that had a full knowledge of his legal rights. He appeals claiming confession was illegally gained. Courts agreed must be warned prior to any questioning that he has the right to remain silent anything said can be used against him in court of law has right to an attorney can not afford one one will be appointed. Upheld citizen rights to fair trials in state courts.
Roe v. Wade (1973)
9th amendment (right to privacy) illegal to make abortion illegal
Barker v. Wingo
Constitutional Issue: Right to speedy trial, 5th Amendment
Precedent: A test to see if a person has been deprived of a speedy trial was created after this trial.
California v. Acevedo
This case revolved around the 4th Amendment and the Exclusionary Rule. "The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained."
Vernonia school district v. Acton
You can drug test in schools as long as they have advanced notice and it must be to better the school. Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment
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Chapter 4 - Federalism and the US Constitution
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AP Gov Chapter 2