Due Process Quiz

Search Warrant

A court order authorizing a search

What did Thomas Paine mean when he said, "THE LAW IS KING"?

Although the citizens' rights aren't fully restricted, the law maintains order. It's the rule of the country, so in a way it acts as a king.

exclusionary rule

Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized.

Procedural Due Process

Has to do with the how (the procedures, the methods) of governmental action.

What is the relationship between the police power and the subordination of personal desires and interests to the public good?

If they maintain balance, there is protection of all of the citizens without restricting individual rights.

Substansive Due Process

Involves the what (the substance, the policies) of governmental action.

What protections against the government are found in the 4th amendment?

Police officers have no right to search for or seize evidence or seize persons. They must have a proper warrant that is obtained by probable cause.

What is the difference between substantive due process and procedural due process?

Procedural due process is dealing with the methods and procedures of governmental action. Substantive due process is dealing with the substance and policies of governmental action.

What does the 14th Amendment say about States and due process?

States are not allowed to deprive citizens of their natural born rights of life, liberty, and property. These rights are protected by the 14th amendment.

What's the difference between due process in the 5th and 14th amendment?

The 14th amendment says that the STATES cannot deprive the people of life, liberty, and property. The 5th amendment says that the FEDERAL GOVERNMENT cannot deprive the people of life, liberty, and property.

Police Power

The authority of each State to act to protect and promote the public health, safety, morals, and general welfare.

Due Process

The government must act fairly and in accord with established rules.

Eminent Domain

The power of the government to take private property for public use.

In what ways have the Courts narrowed the exclusionary rule since Mapp vs. Ohio ruling in 1961?

There are exceptions to this rule. Inevitable discovery, the evidence may be used if it was going to inevitably be found. Knock- and- announce, requires officers to announce their presence before serving a warrant. Good faith, even if the warrant is incorrect the officer was still following the rules in good faith. Honest mistakes, if wrong information is given to the officer, the discovery was made by an honest mistake.

What is the significance of the Mapp vs. Ohio case concerning the use of the exclusionary rule?

This case caused the Court to later apply the exclusionary rule to the states.

Why is due process important in relation to the government's power of eminent domain?

This ensures that the government fairly compensates for land that has been taken, because due process protects unalienable rights.

Explain the importance of due process rights to the protection of individual rights.

With due process the government cannot deprive the citizens of basic unalienable rights such as: life, liberty, and property.

Why did opposers of the exclusionary rule oppose it?

a criminal could be set free on a technicality

How many branches are required to agree in order for search warrants to be issued?

two: executive judicial