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American Problems

American Problems . Chapter 20vocabulary. Due Process.

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American Problems

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  1. American Problems Chapter 20vocabulary

  2. Due Process Constitutional guarantee, set out in the 5th and 14th amendments to the National Constitution and in every State’s Constitution, that government will not deprive any person of life, liberty, or property by any unfair, arbitrary, or unreasonable action, and that government must act in accord with established rules.

  3. Police Power Power of the State to act to protect and promote the public health, safety, morals, and welfare.

  4. Search Warrant Court order authorizing a search of a suspect’s property or person.

  5. Probable Cause Reasonable ground, a good basis for the belief that something is true—e.g., that a crime has been committed.

  6. Exclusionary Rule Evidence gained by illegal or unreasonable means cannot be used at the court trial of the person from whom it was seized; based upon Supreme Court interpretation of the 4th and 14th amendments.

  7. Writ of Habeas Corpus Court order that a prisoner be brought before the court and that the detaining officer show cause why the prisoner should not be released; designed to prevent illegal arrests and unlawful imprisonments.

  8. Bill of Attainder Legislative act that inflicts punishment upon a person or group without a trial.

  9. Ex post facto Law Criminal law applied retroactively to the disadvantage of the accused; prohibited by the Constitution.

  10. Grand Jury Body of 12 to 23 persons convened by a court to decide whether or not there is enough evidence to justify bringing a person to trial.

  11. Indictment Accusation by a grand jury, a formal finding by that body that there is sufficient evidence against a named person to warrant his/her criminal trial.

  12. Presentment Formal accusation of crime brought by a grand jury of its own motion.

  13. Information Formal charge of crime brought against a named person b the prosecutor directly rather than by a grand jury.

  14. Double Jeopardy Trial a second time for a crime of which the accused was acquitted in a first trial; prohibited by the 5th and 14th amendments.

  15. Bench Trial A trial held without a jury; civil or criminal proceeding at which the judge decides questions of fact as well as questions of law.

  16. Miranda Rule A listing of the Constitutional rights that suspects must be advised of before police questioning: (1) they have the right to remain silent; (2) anything they say may and can be used against them in a court of law; (3) they have a right to an attorney before questioning begins; (4) an attorney will be appointed for them if they cannot afford one; (5) they may bring the questioning to the end at any time.

  17. Bail Money the accused may be required to post (deposit with the court) as a guarantee that he/she will appear in court at the proper time.

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