Ag Government

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  1. Procedural due process
    the ways in which the government acts must be fair
  2. Substantive due process
    the laws themselves must be fair
  3. 14th amendment
    • brings the 5 amendments to states. 
    • government cannot deprive any one of life, liberty, or property without due process of law.
  4. Schmerber vs. California 1996
    • DUI
    • says his 4th, 5th, 8th, and 14 amendments were violated
    • court says you give up rights to drive
  5. 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
  6. Barry Braeske
    • accused of killing family
    • his confession thrown out b/asked to be taken off record 
    • jailed
  7. 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
  8. Dawson 5
    • denied rts to lawyer, threatened, forced confession
    • judge said 4th amend were violated and threw case out
    • said innocent
  9. Exclusionary rule
    evidence gathered illegally cannot be used in court
  10. 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
  11. US vs. Lee
    Religious freedom (amish didn't want to pay taxes on social security)
  12. Maher vs. Roe
    • Medicate din't pay for abortion
    • Hyde amendment didn't pay for abortion
    • discriminated against poor women
  13. New Jersey v. TLO
    • girls smoking cigs in school
    • searched girls purse
    • said to have violated 4th amend.
  14. writ of habeas corpus
    police must have a reason to put you in jail
  15. bill of attainder (illegal)
    act passed by the legislator which inflicts a punishment w/out a trial
  16. 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
  17. Grand Jury
    Formal device used to see if there is enough evidence to warrant a trial
  18. Double Jeapordy
    a person shall not be put twice in jeopardy of life or limb
  19. Pet it jury
    small jury
  20. honest mistake
    • search wrong house on accident
    • maryland v. garrison
  21. Good faith
    • us. vs. leon
    • mistake on warrant
Card Set
Ag Government
AG government 20
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