U.S Government - Amendment V, VI, VII, VIII Test Prep

What does it mean that a person has a right to a speedy trial? What amendment does this relate to?

- This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest - Sixth Amendment

What are felonies and misdemeanors

- a serious crime with a sentence of more than a year in prison - a minor offense with a sentence of a brief jail term or a small fine

what rights are given in the 5th amendment

- right to indictment by the grand jury before any criminal charges for felonious crimes - a prohibition on double jeopardy - a right against forces self-incrimination - a guarantee that all criminal defendants have a fair trial - a guarantee that government cannot seize property without making a due compensation at the market value of the property

What rights does the 6th Amendment include

- the right to a speedy and public trial - the right to be tried by an impartial jury - the right to be informed of the charges - the right to confront and call witnesses - the right to an attorney

What are criminal cases? civil cases?

- those in which the government punishes individuals for committing crimes - those lawsuits deciding disputes between private parties over noncriminal matters, such as personal injuries or contracts

What was the question in Gideon v. Wainwright

1963 ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.

What are factors increase the severity of a crime

Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction.

Are public schools constitutionally forbidden to use corporal punishment.

In 1977, the U.S. Supreme Court ruled in its Ingraham v. Wright decision that school corporal punishment is constitutional, leaving states to decide whether to allow it.

How much money must a civil lawsuit at least be to have a trial by jury

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

In United States v. Nixon (1974) - what was the ruling

Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a federal district court.

What is the main protection offered by the Eighth Amendment?

The Eighth Amendment to the United States Constitution states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction.

What is the court action that provides the accused with a reading of the crime with which her or she has been charged

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation.

Is the death penalty cruel and unusual (per the Supreme Court)

The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.

What does the 7th Amendment allow

This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.

What is it called when a person cannot be tried for the same crime more than once

double jeopardy

What is it called when the government can take your property, but they must pay a fair price for it

eminent domain

What does "due process" mean

is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly

What are lawyers called that are hired by the government to defend people

public defender

What is the purpose of bail?

simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present