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Procedural due process
the ways in which the government acts must be fair
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Substantive due process
the laws themselves must be fair
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14th amendment
- brings the 5 amendments to states.
- government cannot deprive any one of life, liberty, or property without due process of law.
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Schmerber vs. California 1996
- DUI
- says his 4th, 5th, 8th, and 14 amendments were violated
- court says you give up rights to drive
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Larry Eyler case
- accused of killing over 20 people
- arrested w/out probable cause (4th amend)
- evidence was excluded
- let go- jailed later for diff. crime
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Barry Braeske
- accused of killing family
- his confession thrown out b/asked to be taken off record
- jailed
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Ronny Gespard
- accused of killing a girl
- questioned w/out attorney but police didn't know he had one
- 6th amend. to counsel violated
- let go
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Dawson 5
- denied rts to lawyer, threatened, forced confession
- judge said 4th amend were violated and threw case out
- said innocent
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Exclusionary rule
evidence gathered illegally cannot be used in court
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U.C Davis v. Bakke
- Reverse minority
- White man applied and was rejected even though he had higher test scores than the black kids
- 14th amend violated
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US vs. Lee
Religious freedom (amish didn't want to pay taxes on social security)
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Maher vs. Roe
- Medicate din't pay for abortion
- Hyde amendment didn't pay for abortion
- discriminated against poor women
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New Jersey v. TLO
- girls smoking cigs in school
- searched girls purse
- said to have violated 4th amend.
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writ of habeas corpus
police must have a reason to put you in jail
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bill of attainder (illegal)
act passed by the legislator which inflicts a punishment w/out a trial
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Ex post facto law
- 1. criminal law defining a crime and providing punishment
- 2. applied after the fact
- 3. works to disadvantage of the accused
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Grand Jury
Formal device used to see if there is enough evidence to warrant a trial
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Double Jeapordy
a person shall not be put twice in jeopardy of life or limb
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honest mistake
- search wrong house on accident
- maryland v. garrison
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Good faith
- us. vs. leon
- mistake on warrant
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