Podcast
Questions and Answers
Each state has the power to protect and promote the public health, safety, morals, and general ______.
Each state has the power to protect and promote the public health, safety, morals, and general ______.
welfare
No ______ laws can be enacted that punish retroactively.
No ______ laws can be enacted that punish retroactively.
ex post facto
A bill of ______ inflicts punishment without a court trial.
A bill of ______ inflicts punishment without a court trial.
attainder
The government must show just cause for detaining a prisoner through a writ of ______.
The government must show just cause for detaining a prisoner through a writ of ______.
The ______ Amendment protects citizens from unreasonable search and seizure.
The ______ Amendment protects citizens from unreasonable search and seizure.
Probable cause is needed for police to conduct a ______ without a warrant.
Probable cause is needed for police to conduct a ______ without a warrant.
The ______ Amendment grants the accused the right to a speedy and public trial.
The ______ Amendment grants the accused the right to a speedy and public trial.
The right against ______ ensures that a person cannot be tried twice for the same crime.
The right against ______ ensures that a person cannot be tried twice for the same crime.
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Study Notes
Government Power
- States possess significant police power to safeguard public health, safety, morals, and welfare.
- The Constitution outlines various protections for citizens against governmental authority.
Due Process
- Defined as the requirement for the government to act fairly and follow established legal procedures.
- Key components include:
- Ex Post Facto Laws: Prevents retroactive punishment for actions that were not illegal at the time committed.
- Bill of Attainder: Legislative act punishing individuals without a trial, historically notable during the “Red Scare.”
- Writ of Habeas Corpus: Mandates government justification for detaining individuals.
- Writ of Assistance: Prohibits blanket search warrants; warrants must specify details about suspects and the nature of searches.
- Fourth Amendment Protection: Guarantees against unreasonable searches and seizures; illegally obtained evidence cannot be used in court (Exclusionary Rule).
Exceptions to a Warrant
- Probable Cause: Reasonable grounds to believe a crime has occurred.
- Hot Pursuit: Police can pursue suspects across boundaries without needing a warrant.
- Plain View: Evidence visible to law enforcement can be seized without a warrant.
- Consent: Permission from an individual allows law enforcement to perform a search.
- Emergency/Exigent Circumstances: Police may act without a warrant in emergencies if they are in good faith.
Citizens' Rights in Court
- Right to Speedy and Public Trial: Ensured by the Sixth Amendment.
- Protection Against Self-Incrimination: Fifth Amendment allows individuals to refuse testimony that implicates them.
- Right to Counsel: Defendants can have legal representation (Sixth Amendment).
- Confrontation Rights: Accused individuals can confront witnesses and compel their testimony (Sixth Amendment).
- Protection from Double Jeopardy: Prevents individuals from being tried twice for the same crime (Fifth Amendment).
- Ban on Cruel and Unusual Punishment: The Eighth Amendment prohibits excessive bail and fines.
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