Civil Liberties and Due Process Quiz
8 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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.

ex post facto

A bill of ______ inflicts punishment without a court trial.

attainder

The government must show just cause for detaining a prisoner through a writ of ______.

<p>habeas corpus</p> Signup and view all the answers

The ______ Amendment protects citizens from unreasonable search and seizure.

<p>Fourth</p> Signup and view all the answers

Probable cause is needed for police to conduct a ______ without a warrant.

<p>search</p> Signup and view all the answers

The ______ Amendment grants the accused the right to a speedy and public trial.

<p>Sixth</p> Signup and view all the answers

The right against ______ ensures that a person cannot be tried twice for the same crime.

<p>double jeopardy</p> Signup and view all the answers

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Description

Test your knowledge on the essential civil liberties that protect citizens from government overreach. This quiz covers the concept of due process, including the components that ensure fairness in the legal system. Understand the balance of power and the protections afforded to individuals under the Constitution.

More Like This

Arbitration Process and Civil Rights Act Quiz
10 questions
Civil Liberties Quiz
8 questions

Civil Liberties Quiz

AppreciativeAlexandrite avatar
AppreciativeAlexandrite
Criminal Process - 4th and 5th Amendments
5 questions
Use Quizgecko on...
Browser
Browser