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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 ______.
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The ______ Amendment protects citizens from unreasonable search and seizure.
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Probable cause is needed for police to conduct a ______ without a warrant.
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The ______ Amendment grants the accused the right to a speedy and public trial.
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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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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.
