Due Process
The Supreme Court limited the use of the death penalty by ruling that the death penalty cannot be used against people who are mentally disabled and _____.
People who were under 18 when the crime was committed.
What does the Miranda Rule say?
Police must explain a suspect's rights before questioning.
What is the Democratic Party's stance on abortion?
Pro-choice position of abortion, as they are more liberal and less religious, and it appeals to women in liberal parts of the US.
What happened with McCorvey in 1987
She claimed her rape testimony was false as she was now a born-again Christian and converted to the pro-life lobby.
Which is true about actions the states take to safeguard the health and welfare of its citizens?
States may require the vaccination of schoolchildren.
What did the 14th Amendment protect?
That a woman's right to terminate her pregnancy came under the freedom of personal choice in family matters.
How did the Revolutionary War influence the inclusion of the 2nd Amendment in the Constitution?
The British had tried to take weapons away from colonists.
Which best describes how the Supreme Court regards the concept of due process?
The Court makes due process decisions on a case-by-case basis.
Which explains the Supreme Court's decision in United States v. Miller?
The Court rejected the individual right to bear arms argument
Which document have people their freedom in 1863?
The Emancipation Proclamation
In Roe v. Wade, the Court struck down _____.
a Texas law that made abortion a crime
in Roe v. Wade, the Supreme Court struck down ___.
a Texas law that made abortion a crime
search warrant
a court order authorizing a search
Due process
a guarantee that the government must act fairly and follow established rules
due process
a guarantee that the government must act fairly and follow established rules
A bench trial is heard by _____.
a judge only
In 2008, the Supreme Court interpreted the 2nd Amendment to say that people should _____.
be allowed to protect themselves in their homes
The Framers of the Constitution banned _____.
bills of attainder
To ensure a fair and impartial jury in a federal case, the jury members must _____.
come from the state or district where the crime took place
A civil rights law from 1866 upheld by the Supreme Court in Jones v. Mayer stated that citizens of any race _____.
could hold, buy, or sell property
Which has the power to issue search warrants?
courts
The 8th Amendment was established in order to prohibit _____.
cruel and unusual punishment
The Supreme Court has ruled that the military draft and imprisonment _____.
do not violate the 13th Amendment
in Rochin v. California, the Supreme Court ruled that the suspect could not be tried because ___.
extreme methods were used to obtain evidence
In drunken driver cases, police must conduct ___ tests on suspects.
fair and safe
In drunken driving cases, the police must conduct _____ tests on suspects.
fair and safe
Which is considered an act of treason against the United States?
giving aid to the enemies of the United States
Over the years, the right to privacy has come to mean the right to be free from _____.
government invasion
The 4th Amendment protects people from _____.
illegal searches
The Supreme Court has adopted the exclusionary rule to protect citizens from _____.
illegal searches
Over the years, the Supreme Court has shifted to permit _____.
more state restrictions on abortion
over the years, the Supreme court has shifted to permit ___.
more state restrictions on abortion
In the Constitution, the right of privacy is _____.
not specifically mentioned
the guarantee of the due process imply a right ___
of privacy
According to the Constitution, when can a writ of habeas be taken away?
only if public safety is in jeopardy
Which problem can arise regarding police power and the rights of citizen?
police power might violate privacy rights
Which problems can arise regarding police power and the rights of citizens?
police power might violate privacy rights
What is it called when a person accused of a federal crime is held in jail without the option of paying for temporary release?
preventative detention
The guarantees of due process imply a right _____.
privacy
When the Supreme Court decides if the government's methods are fair, it is basing its decision on _____.
procedural due process
When the Supreme Court decides if the governments method are fair, it is basing its decision on ___.
procedural due process
Which is an example of the state safeguarding the morals of its citizens?
regulating gambling
Retired Supreme Court Justice Sandra Day O'Conner believes there might be a problem with the death penalty because _____.
statistics indicate that the system might be executing some innocent people?
exclusionary rule
that evidence gained by illegal police action, such as searching without a warrant, cannot be used against the person from whom it was seized.
Which ended slavery and involuntary servitude?
the 13th Amendment
Which amendment did the Supreme Court cite in its Roe v. Wade decision?
the 14th Amendment
Which amendment did the Supreme Court cite in its Roe v. Wade decision?
the 14th amendment
Police power
the authority of each state to guard the safety, health, and welfare of its citizens
police power
the authority of each state to guard the safety, health, and welfare of its citizens
The Supreme Court ruled _____ was unconstitutional.
the death penalty for certain crimes
What happens when an accused person pays bail to the court?
the defendant is temporarily released from prison.
Which constitutional amendment introduced the right of due process?
the fifth amendment
substantive due process
the idea that the government must create fair policies and laws
Why would a defendant ask for a trial to be moved to another location?
the jurors in a district might be prejudiced to the case.
The 2nd Amendment was added to the Constitution to protect _____.
the right of each state to keep a militia
In the famous case involving abortion, what did the Supreme Court uphold in Roe v. Wade?
the right of privacy
the 5th amendment prevents the federal government from depriving a person of
the right to life, liberty or property
The 5th Amendment prevents the federal government from depriving a person of _____.
the right to life, liberty, or property
In an information document, the state prosecutor swears that _____.
there is enough evidence to hold a trial
Which is one reason that bail is used?
to allow a defendant to prepare for trial
Which is the main purpose of the Patriot Act?
to guard the nation against terrorism
Police power allows each state, along with its local governments, _____.
to keep people safe
Why was the 8th Amendment written?
to prevent harsh punishments
Which is the only crime defined in the Constitution?
treason
Double jeopardy means that a person cannot be tried _____.
twice for the same crime
The Supreme Court decided in Pierce v. Society of Sisters that an Oregon public school law _____.
was unconstitutional
If the Supreme Court decides a case based on substantive due process, it is determining _____.
whether the law involved in the case is fair
if the supreme court decides a case based on substitutive due process, it is determined ___
whether the law involved in the case is fair
The Supreme Court has refused to give an exact definition of due process and makes decisions on a case-by-case basis.
x
What rulings has the Supreme Court made on abortion since the Roe vs. Wade ruling?
1980 - upheld a law that banned the use of federal funds for abortion except when necessary to save a woman's life. 1989 - allowed states to prohibit abortions at state clinics or by state employees.
Which amendment says a person cannot be accused of a serious crime without going before a grand jury?
5th Amendment
Who was Jane Roe?
A 25-year-old single woman (aka Norma McCorvey) who challenged the criminal abortion laws in Texas that forbade abortion as unconstitutional except in cases where the mother's life was in danger.
The following limit is placed on the federal government in the 5th Amendment, and on state and local governments in the 14th Amendment: Government cannot deprive any person of life, liberty, or property without following due process of law.
Both the procedures and the laws of government must be in accord with due process.
_____ may suspend a writ of habeas corpus in a time of war.
Congress and the President
What has happened amongst states since the Roe v Wade ruling and what does it suggest on attitudes towards abortion?
More than 30 states have adopted laws limiting abortion rights. It suggests that abortion had strong opposing attitudes towards it, that divided politics.
over the years, the right to privacy has come to mean the right to be free from ___.
Government invasion
What does the first trimester allow?
It allows American women to have the absolute right to an abortion in the first 3 months of pregnancy.
What does the second trimester allow?
It allows some government regulation in the second trimester of pregnancy.
What does the third trimester allow?
It declares that states may restrict or ban abortions as the foetus nears the point where it could live outside the womb; a woman can obtain an abortion if doctors certify it is necessary to save her life or health.
In its 1972 Furman v. Georgia ruling, why did the Supreme Court strike down all state laws allowing the death penalty?
It determined judges and juries had too much power.
How has the Supreme Court interpreted the 6th Amendment guarantee of a speedy trial?
It is different each case
What effect did McCorvey's change have?
McCorvey's attorney insists that the rape testimony was not a factor in the Roe verdict, and that her decision to change sides has no effect on the ruling.
States take the following actions to safeguard the health, welfare, and morals of its citizens:
Limit the sale of alcoholic beverages and tobacco Require vaccination of school children Regulate gambling and outlaw obscene material and prostitution Make education laws Help the medically needy Limit the profits of public utilities
What did the restrictions from Supreme Court cause?
Many women have to travel across state borders to get an abortion, and pay more for them.
Which is true about carrying firearms?
Firearms are illegal for people who are mentally ill
Which statement best explains how many people feel about the right to bear arms?
The right to bear arms is as important as free speech.
Which best describes the Supreme Court's decision in Schmerber v. California?
The safety of the public takes precedence over individual rights.
Which is an ex post facto law?
A law that applies to a crime committed before the law was passed.
What does the Ohio law require?
A minor must inform a parent before an abortion.
Which is an example of double jeopardy?
A person is acquitted of murder, and then tried again for the same charge.
Which best describes how the two-step method is used in capital punishment cases?
A trial is held to decide guilt or innocence, and then a hearing is held to determine punishment.
What is the Republican Party's stance on abortion?
Abortion is 'Godless' as they are Conservative and religious.
What did the Roe v Wade case cause on America?
Deeply divided American society and politics. It helped win liberal states in the 1992 & 1996 presidential elections.
Which has been ruled by the Supreme Court to be cruel and unusual punishment?
Jail for narcotics addiction
What did the Roe V Wade case achieve?.
Legal abortion; Court justices ruled that governments lacked the power to ban abortions, due to the decision protected by the 14th Amendment, with a ruling of 7-2
Who was Henry Wade?
The Texas attorney general who defended the anti-abortion law.
What happened with the appeal in 1973?
The appeal made it to Supreme Court where Roe was represented by a Dallas Attorney on the same day as Bensing. They both argued abortion laws ran opposite the Constitution by infringing women's rights to privacy, and won the case.
The leading case to test police power over drunk drivers is Schmerber v. California, 1966. The Supreme Court found no objection to the police ordering a doctor to draw blood from the suspect. The Court gave three reasons for its decision:
The blood was drawn in a safe way. The officer had reasonable grounds to believe the suspect was drunk. The officer had no time to secure a search warrant because the evidence would have disappeared from the suspect's system. (A search warrant is a court order authorizing a search.)
Why is it legal for an officer of the law to require that a suspected drunk driver take an immediate blood test without a search warrant?
The evidence of alcohol would disappear from the suspect's system by the time a warrant could be obtained.
If the police break into a person's home illegally to look for evidence, that could be _____.
a procedural due process violation
if the police break into a persons house illegally to look for evidence, that could be ___
a procedure dues process violation
Due process guarantees that the government must ___ when investigating a crime
act fairly and follow established rules
A new sentencing law is enacted and the punishment is applied to a person who committed a crime five years ago. This is an example of what?
an ex post facto law
procedural due process
an idea that the government must use fair procedures and methods
procedural process
an idea that the government must use fair procedures and methods
If it determines that there is enough evidence to go to trial, a grand jury makes _____.
an indictment
The states use _____ to bring a criminal case to trial.
an indictment
