20. Civil Liberties: Protecting Individual Rights.

1. 20. Civil Liberties: Protecting Individual Rights.

2. Due Process of Law.

3. Freedom and Security of the Person.

4. Rights of the Accused.

5. Punishment.

6. due process

7. due process according to the 5th amendment, the federal Government cannot deprive any person of “life, liberty, or property, without due process of law

8. substantive due process

9. substantive due process involves the what (the substance, the policies) of governmental action

10. procedural due process

11. procedural due process has to do with the how (the procedures, the methods) of governmental action

12. police power

13. police power the authority of each State to act to protect and promote the public health, safety, morals, and general welfare

14. search warrant

15. search warrant a court order authorizing a search

16. involuntary servitude

17. involuntary servitude forced labor

18. discrimination

19. discrimination bias, unfairness

20. writs of assistance

21. writs of assistance blanket search warrants with which British customs officials had invaded private homes to search for smuggled goods

22. probable cause

23. probable cause a reasonable suspicion of crime

24. exclusionary rule

25. exclusionary rule evidence gained as the result of an illegal act by police cannot be used at the trial of the person whom it was seized

26. writ of habeas corpus

27. writ of habeas corpus intended to prevent unjust arrests and imprisonments

28. bill of attainder

29. bill of attainder a legislature act that inflicts punishment without a court trial

30. ex post facto law

31. ex post facto law A law passed after the fact has three features Is a criminal law. Applies to an act committed before its passage. Works to the disadvantage of the accused.

32. grand jury

33. grand jury formal device by which a person can be accused of a serious crime

34. indictment

35. indictment a formal complaint that the prosecutor lays before a grand jury

36. double jeopardy

37. double jeopardy means that a person tried for a crime, he or she cannot be tried for that same crime

38. bench trial

39. bench trial a judge alone hears the case

40. Miranda Rule

41. Miranda Rule The person must be Told of her or his right to remain silent. Warned that anything he or she says can be used in court. Informed of the right to have an attorney present during questioning. Can’t hire an attorney, then one will be provided. Can stop questioning at any time.

42. bail

43. bail sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time

44. preventive detention

45. preventive detention a federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial

46. capital punishment

47. capital punishment Punishment by death

48. treason Article III Section 3 states Levying war against the United States “adhering to their Enemies, giving them aid and comfort”

49. Civil Liberties.

50. A Failure of Due Process.