Chapters 20 & 21 Test

Ch 21 #1

Women are a unique group among those who have suffered discrimination because unlike ethnic groups, they are nit a minority in the U.S, but rather a majority. They have been treated as lesser to men since the founding of the country, and today, there are organized groups who fight for equal rights between genders.

Ch 21 #3

De jure segregation is segregation by law, with legal sanction, while de facto segregation is segregation even if no law requires it.

Ch 20 #1

Due process means that the government must act fairly and in accord with established rules in all that it does, meaning that the government also has to follow the laws. Substantive Due Process means the government must create fair policies and laws. Procedural Due Process means the government must employ fair procedures and methods. Substantive deals with how the laws are made and Procedural is how the law is enforced.

8th amendment

Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishment inflicted

5th Amendment

No one can be held in custody unless on a presentment or indictment of a Grand Jury No double jeopardy No self incrimination Cannot be deprived of life, liberty, or property without due process of law Private property cannot be taken away for public use without just compensation (Eminent domain) If government is going to seize property they must follow the rules and do it fairly (14th and 5th)

6th Amendment

Speedy and public trial (All in criminal prosecution) impartial jury of the state have to be informed of the nature and cause of the accusation confronted with the witnesses against him compulsory process of obtaining witnesses in his favor the assistance of counsel for his defense

Ch 21 #4

The Civil Rights Act of 1964 impacted both forms of segregation by giving access to public accommodations to everyone without being refuser service because of race, color, religion, or national origin. It prohibited discrimination against anyone in programs that received federal funding and its forbids employers & labor unions to discriminate in job matters. The civil Rights act of 1968 forbids anyone to refuse to sell or rent a place of residence based on race, religion, nation origin, color, sex, or disability. Those who violate are given criminal charges.

Ch 20 #3

The exclusionary rule is evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized. Its application has changed over time because different laws have been added and taken away, therefore different situations would be considered illegal forms of getting evidence.

Ch 20 #4

The guarantees offered to the accused in the 5th amendment are the rights to the protection from double jeopardy and that someone cannot be accused f a serious crime unless call for by the Grand Jury. Double Jeopardy is being charged for the same crime twice, but doesn't apply when the case is turned over to a higher court or if the court never reached a verdict.

Ch 21 #2

The important Supreme Court case that led to school integration was Brown vs. Board of Education. The outline of the case was that Lloyd Gaines, an African-American was denied admission to the University of Missouri law school even though he was fully qualified. The state didn't have another "separate-but-equal" law school so they either had to let him attend or build a new school. In the end, they let him attend and this brought on the new rigorous attitude of the Court towards the equalities in education. It eventually led to the court's decision that segregating schools by race is unconstitutional.

Ch 20 #5

The provision of the 6th amendment concerning the rights of the accused are: a. The right tot eh speedy trial-no delay more than 100 days b. The right to a public trial c. Trial by a jury d. Right to adequate dense i. To be informed of the nature and cause of accusation ii. To be confronted with the witnesses against him iii. Favorable witnesses can be forced iv. Have the assistance of counsel for his defense

Ch 21 #6

The purpose of naturalization is for someone from another country to become a citizen of a different country. A citizen of a country gets more privileges and makes them feel like they belong in that country.

4th Amendment

The right of the people to be secure in their persons, house , papers and effects

Ch 20 #2

The right to privacy is the right to be free, except in very limited circumstances, from unwanted governmental intrusions into ones privacy. It is often applied in birth control cases.

Ch 20 #6

The supreme court believes that some forms capital punishment are unconstitutional because they are cruel and unusual. They believe mandatory death penalty laws are unconstitutional but two-state approach is constitutional. The court thinks that the death penalty should be only be for "crimes resulting in the death of the victim.

Ch 21 #5

The supreme court usually allows quotas in extreme situations where flagrant discrimination is involved. For example in United Steelworkers v. Weber (1979) the supreme court allowed quotas when Weber went to court because Kasier Aluminum Company had created training programs intended to increase the number of skilled African Americans in its work force. Weber, a white worker, was rejected training three times and went to court. The court allowed the quota because it did not violate the 1964 law and Congress had designed it to "overcome manifest racial imbalances." The Supreme court also allowed quotas in the 1980 case Fullilove v. Klutznick. Congress had passed a law that gave $4 billion in grants to State and local governments for public work projects. 10% of each grant had to be set aside for minority-owned businesses. A white contractor went to court for this, the court held the law to be a permissible attempt to over come the effects of blatant and longstanding bias in the construction industry.