Rights of the Accused : 11/30/15 Flashcards Preview

U.S. Government > Rights of the Accused : 11/30/15 > Flashcards

Flashcards in Rights of the Accused : 11/30/15 Deck (57)
Loading flashcards...
1
Q

A major challenge for democratic political systems is dealing with c___ and c________.

A

Crime, criminals

2
Q

A _____ is an act against a law of the state. It may also harm an individual or a person’s property.

A

Crime

3
Q

To protect the innocent, the ___ amendment guarantees “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

A

4th

4
Q

Before 1980, ___ states had search laws that permitted police to enter a home without a warrant if they had probable cause to believe that the occupant had committed a _____ - is a major crime.

A

23, felony

5
Q

The police do not need a w______ to search and arrest a person they see breaking the law.

A

Warrant

6
Q

In W_____ v. U_____ S_____ the Court established the exclusionary rule.

A

Weeks, United States

7
Q

The e_________ r___ states that any illegally obtained evidence cannot be used in federal court.

A

Exclusionary rule

8
Q

They ask whether criminals should go free simply because the police made a mistake in collecting e_______.

A

Evidence

9
Q

In the U_____ S_____ v. L____ the Court ruled that as long as the police act in good faith when they request a warrant, the evidence they collect may be used in court even if the warrant is defective.

A

United States, Leon

10
Q

In the ____ case, a judge had made a mistake by issuing a w_____ based on p______ c____ that later was found to be invalid.

A

Leon, probable cause

11
Q

That same year, in 1984, the Court also approved an “i________ d______” exception to the exclusionary rule.

A

Inevitable discovery

12
Q

In N__ v. W______, the Court held that evidence obtained in violation of a defendant’s rights can be used at trial.

A

Nix, Williams

13
Q

The p________, however, must show that the evidence would have been eventually discovered by legal means.

A

Prosecutor

14
Q

The police are free to “_____” an automobile and the containers within it where they have p______ c____ to believe c________ or e_______ is contained.

A

Search, probable cause, contraband, evidence

15
Q

___ amendment protections may be limited inside h___ s______.

A

4th, high schools

16
Q

In N___ J_____ v. __.__.__., the Supreme Court ruled that school officials do not need warrants or probable cause to search students or their property. All that is needed are r_________ g_____ to believe a search will uncover evidence that a student has broken school rules.

A

New Jersey, T. L. O., reasonable grounds

17
Q

In 1995 the Court upheld in V______ S_____ D_____ ____ v. A_____ mandatory suspicionless drug tests for all students participating in interscholastic athletics.

A

Vernonia School District 47J v. Acton

18
Q

In K____ v. U_____ S_____ extended the __th Amendment protections by prohibiting wiretapping without a warrant.

A

Katz v. United States, 4th

19
Q

In 1968 Congress passed the omnibus C____ C_____ and S___ S_____ A___ which required federal, state, and local authorities to obtain a court order for most wiretaps.

A

Crime Control and Safe Streets Act

20
Q

In 1978 Congress passed the F_____ I_________ S__________ A___, requiring a court order even for wiretapping and bugging in national security cases.

A

Federal Intelligence Surveillance Act

21
Q

The __th Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.”

A

6

22
Q

Generally, the federal courts provided ______, or an ______, in federal cases.

A

Counsel, attorney

23
Q

The Supreme Court first dealt with the right to counsel in state courts in P_____ v. A________ (?).

A

Powell v. Alabama (1932)

24
Q

Ten years later, in B____ v. B____, the Court held that states did not have to provide a lawyer in cases not involving the death penalty.

A

Betts v. Brady

25
Q

In 1963, C_______ E___ G_____ won a landmark case that ended the Betts rule.

A

Clarence Earl Gideon

26
Q

In 1963, in a unanimous verdict, the Court overruled B____ v. B____.

A

Betts v. Brady

27
Q

G______ was released, retried with a lawyer assisting him, and acquitted.

A

Gideon

28
Q

Hundreds of other F______ prisoners and thousands more in other states who had been convicted without _______ were also set free.

A

Florida, counsel

29
Q

The Court has since extended the G_____ decision by ruling that whenever a jail sentence of ___ months or more is possible punishment, the accused has a right to a l____ at the public’s expense from the time of the arrest through the appeals process.

A

Gideon, 6, lawyer

30
Q

The __th Amendment says that no one “shall be compelled in any criminal case to be a witness against himself”.

A

5

31
Q

The courts have interpreted the __th amendment’s protection against s___-__________ to court witnesses before congressional committees and grand juries as well as defendants in criminal cases.

A

5, self-incrimination

32
Q

The __th Amendment also protects defendants against c_________ extorted by f_____ or v_______.

A

5, confessions, force, violence

33
Q

E________ v. I_____ : In 1964, the Court reversed Escobedo’s conviction, ruling that Escobedo’s __th Amendment right to remain silent and his __th Amendment right to an attorney had been violated.

A

Escobedo v. Illinois, 5, 6

34
Q

A c_________ or other incriminating statements an accused person makes when he or she is denied access to a l_____ may not be used in trial.

A

Confession, lawyer

35
Q

In M____ _____, E_____ M______ had been arrested and convicted for the rape and kidnapping of an 18 year old woman.

A

March 1963, Ernesto Miranda

36
Q

During questioning, M______ was not told he could remain s_____ or have a l_____.

A

Miranda, silent, lawyer

37
Q

M_____ confessed, signed a statement admitting and describing the crime, was convicted, and then appealed.

A

Miranda

38
Q

The Court ruled that the __th amendment’s protection against s___-____________ requires suspects be clearly informed of their _____ before police question them.

A

5, self-incrimination, rights

39
Q

The guidelines that police use before the questioning of suspects are now known as the M______ r____.

A

Miranda rules

40
Q

The __th amendment states in part that no person shall be “twice put in jeopardy of life and limb.”

A

5

41
Q

D______ j_______ means a person may not be tried twice for the same crime, thus protecting people from continual harassment.

A

Double jeopardy

42
Q

The __th amendment forbids “cruel and unusual punishments.”

A

8

43
Q

In G_____ v. G______ (?) the Court ruled that under adequate guidelines the death penalty does not constitute cruel and unusual punishment.

A

Gregg v. Georgia (1976)

44
Q

A_______ a_____ is a set of policies developed in the _____s to remedy past discrimination.

A

Affirmative action, 1960

45
Q

Often a________ a______ policies involve the targeted recruitment of w_____ and m_______.

A

Affirmative action, women, minorities

46
Q

A________ a_____ is required by the federal government or the courts, but many businesses use it voluntarily.

A

Affirmative action

47
Q

R______ d___________ is the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously.

A

Reverse discrimination

48
Q

R______ of the U________ of C________ v. B______ ruled that colleges and universities could not use a q_____ s______, although they could consider race in admissions.

A

Regents of the University of California v. Bakke, quote system

49
Q

W___ C_______, an African American on Cal’s Board of Regents proposed P________ ___ which would amend the Constitution of California.

A

Ward Connerly, Proposition 209

50
Q

P________ ____ made it where the state was barred from favoring applicants on the basis of race, gender, ethnicity, or national origin.

A

Proposition 209

51
Q

Women did not win the right to vote until ____ when the __th amendment was adopted.

A

1920, 19

52
Q

In R____ v. R____ the Court said that a law that automatically preferred a father over a mother as executor of a son’s estate violated the __th amendment.

A

Reed v. Reed, 14

53
Q

The C____ R_____ A__ of _____ banned job discrimination based on gender.

A

Civil Rights Act of 1964

54
Q

The E____ E___________ O________ A___ strengthened earlier laws on discrimination in hiring and firing practices, promotion, pay, and other employment actions.

A

Equal Employment Opportunity Act

55
Q

Congress passed a comprehensive education law that included provisions referred to as ____ __.

A

Title IX

56
Q

P____ M___, the first Asian American woman elected to Congress, was the primary sponsor of Title IX.

A

Patsy Mink

57
Q

The ______ _______ __________ (?) stated: “Equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex.”

A

Equal Rights Amendment (ERA)