Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
273 Cards in this Set
- Front
- Back
______ is the constituional sharing of powers between the state and national government
|
Federalism
|
|
Every American holds ______ with the ______ and ______.
|
Dual citizenship
United States Their individual state |
|
The National government posses ______,______,_____ and ______ powers.
|
Inherent
Delegated Implied Concurrent |
|
_______are powers which are crucial to national sovereignty
|
Inherent Powers
|
|
National Sovereignty is ______
|
freedom from external control
|
|
______ powers do not rely on specific constituitional stipulations. The most signifigant of these are foreign policy, making treaties and maintaining diplomatic relations.
|
Inherent Powers
|
|
Administration of the court says a judge has the power to decide what goes on in his court, this in an example of ______ powers.
|
Inherent Powers
|
|
The ______ power of the president would be the authorization of ______ surveillance.
|
Inherent
Warrant-less |
|
The Patriot Act is an example of ______ powers.
|
Inherent
|
|
The Patriot Act was signed by ______ on ______.
|
George W. Bush
October 26, 2001 |
|
There are ______ titles in the Patriot Act.
|
10
|
|
Patriot Act stands for....
|
Uninting and strengthing of America by providing appropriate tools required to intercept and obstruct terrorism Act of 2001
|
|
Between the years of ___&___, ______warrant applications were made to FISC. ______ were approved.
|
1979 & 2006
22,990 22,985 |
|
Title ______ addresses wire tapping.
|
206
|
|
The reauthorized Patriot Act permits the tapping of....
|
any device used by a particular target rather than a single device.
|
|
Title _____ seems to be in court all the time
|
206
|
|
National Security Letters (NSLs) were ____ created by the Patriot but were ______ by the Patriot Act.
|
Not
Used |
|
The National Security Letters are equivalent to a ______.
|
Grand Jury Subpoena
|
|
The Patriot Act's original sunset date was?
|
December 31, 2005
|
|
The reauthorized act was signed into law by ______ on ______.
|
President Bush
March 9, 2006 |
|
Title ______ allows the FBI to obtain a warrant in secret.
|
215
|
|
The special court from which the FBI can obtain secret warrants is called?
|
FISC
Foreign Intelligence Surveillance Court |
|
The ______ act of ______ identifies the procedures for surveillance & collecting information
|
Foreign Surveillance Act
1978 |
|
Section ______ orders are now restricted to be authorized by ______.
|
215
3 top level officials |
|
The reauthorized patriot act contains....
|
27 civil liberty safe guards
|
|
A new sunset date for the Patriot Act is set for
|
December 31, 2009
|
|
National Security Letters allow FBI agents to search telephone, internet, email and financial records......
|
without a court order
|
|
Section ______ deals with National Security Letters
|
505
|
|
The FBI can use NSLs to request the recodrs of individuals who ______ connected to terrorism.
|
are not
|
|
It is estimated that ______ NSLs are issued anually.
|
30,000
|
|
In the reauthorized Patriot Act NSL gag provisions changed, A high ranging official would have to certify that...
|
disclosure of the letter would result in a danger to national security.
|
|
The recipient of an NSL has the right to____
|
challenge the validity of the letter
|
|
Libraries, except those that ______ are exempt from recieving NSLs.
|
provide electronic communication services
|
|
The Attorney General is required to submite a report ______ on all NSL requests.
|
twice a year
|
|
Section 213 deals with what kind of searches and warrants?
|
Sneak and Peek
|
|
Warrants under section 213 are issued under__________.
|
reasonable cause
|
|
The FISC warrant requirements are _______ than standard warrants
|
less stringent
|
|
Traditional warrants are issued under__________.
|
probable cause
|
|
The reauthorized Patriot Act requires that notice of a search be given within _____ of the time the warrant is executed.
|
30 days
|
|
___________ Powers are powers that the Constituition specifically assigns to one of the 3 branches of government.
|
Delegated
|
|
Article one of the constituition addresses the ______ powers.
|
Legislative
|
|
Article two of the constituition addresses the ______ powers.
|
Executive
|
|
Article three of the constituition addresses the ______ powers.
|
Judicial
|
|
The power to coin money and regulate interstate commerce is a ______ power.
|
Delegated
|
|
The power to create a post office is a ______ power.
|
Delegated
|
|
These powers cannot exist without a delegated power.
|
Implied powers
|
|
The constituitional basis for implied powers is the ______.
|
Necessary and proper clause
|
|
Implied powers are addressed in_________.
|
Article 1 section 8
|
|
_______powers give congress the right to make all laws which are necessary for carrying out the delegated powers
|
Implied
|
|
the power to create a bank or draft men are examples of ________ powers.
|
Implied
|
|
The state government exercises both ______ and ______ powers.
|
Concurrent
Reserved |
|
________ powers are executed by both the state and federal government.
|
Concurrent
|
|
States cannot use their ______ to interfere in national policies.
|
Concurrent powers
|
|
According to article 6, the constituition and federal laws are superior to_________.
|
any conflicting state and local laws
|
|
Article 6 is known as the _______.
|
National Supremacy Law
|
|
The power to levy taxes and and maintain courts are examples of ______.
|
Concurrent Powers
|
|
The power to charter banks and of eminent domain are example of ________.
|
Concurrent powers
|
|
______ is the power to appropriate private property for public use.
|
Eminent Domain
|
|
_____ powers are only exercised at the state level.
|
Reserved
|
|
______ powers are identified in the 10th Amendment.
|
Reserved
|
|
______ powers are neither delegated to the U.S. by the constitution nor prohibited by it to the states or to the people
|
Reserved
|
|
The ______ amendment provides states with police power.
|
10th
|
|
______ powers gives the states the power to pass laws that govern such activities as crime, education, marriage and land use,
|
Reserved (police) powers
|
|
Police (reserved) powers gives the authority to legislate for the ________________of the people.
|
health
morals safety welfare |
|
The 10th amendment is alos known as the ______ or _______ amendment.
|
reserve
residual powers |
|
The issuance of birth and death certificates is an example of ______ powers.
|
reserved
|
|
The regulation of intrastate commerce is an example of _______ powers.
|
reserved
|
|
The regulation of marriages and divorces is an example of _______ powers.
|
reserved
|
|
The regulation of gambling is an example of _______ powers.
|
reserved
|
|
Article ______ section ______ provides a list of restrictions on the government.
|
Article 1 Section 9
|
|
Artile _____ Section _____ prevents bills of attainder.
|
Article 1 Section 9
|
|
The government ______ pass ex post facto laws.
|
cannot
|
|
______ is any law that designates as criminal an act that was not a crime when it was committed or may also increase the punishment.
|
Ex post facto
|
|
The protection from ex post facto only applies to _______.
|
Criminal law
|
|
______ are laws that would declare a person guilty of a crime without a trial.
|
Bills of attainder
|
|
______ do not prevent retroactive laws which would benefit the accused.
|
ex post facto laws
|
|
The laws which prevent bills of attainder have roots in ___________.
|
English common law
|
|
It was not uncommon for ______ to find citizens guilty of _____ w/out a tril, seize their property and sentence them to death.
|
King of England
Treason |
|
Article 1 section 9 prohibits the suspension of______.
|
the writ of habeas corpus
|
|
_____ literally means you bring the body.
|
habeas corpus
|
|
_____ is an order that requires a jailor to bring the accused before a court or judge and explain why he/she is being held.
|
writ of Habeas Corpus
|
|
________ is an application process and is known as a post conviction remedy.
|
writ of habeas corpus
|
|
the most common complaint used during the writ of habeas corpus process is ______.
|
Ineffective council.
|
|
Gave blacks the right to vote
|
amendment 15
|
|
called for the direct election of senators
|
amendment 17
|
|
gave women the right to vote
|
amendment 19
|
|
eliminated the poll tax
|
amendment 24
|
|
changed the voting age to 18
|
amendment 26
|
|
The ____ amendment provides for privileges and immunities, due process and equal protection.
|
amendment 14
|
|
interstate obligations is also known as _______.
|
horizontal federalism
|
|
Article ____ of the constitution provides certain protections for citizens of a state.
|
4
|
|
Article ___ and ____ of the Louisiana constitution prohibits same sex marriages.
|
12 and 15
|
|
The defense of marriage act was signed into law in ____ by ______.
|
1996
President Clinton |
|
Article 4 requires ______ to enforce the civil judgements of other courts and accept their public records as valid documents.
|
all 50 states
|
|
Article 4 applies to non-criminal judicial proceedings such as_____________.
|
Birth certificates and
Divorce Decrees |
|
The ________act stipulates that no state shall be required to give effect to a law with any other state with respect to same sex marriage.
|
Defense of Marriage Act
|
|
The Defense of Marriage Act defines marriage as_______.
|
being between a man and woman
|
|
By the end of 2006 ___ states passed legislation similar to that of the defense of marriage act.
|
39
|
|
Article 4 addresses _______.
|
Full faith credit
|
|
States must extend to the citizens of other staes the same _____ granted to their own citizens.
|
privileges and immunities
|
|
States are not allowed to impose unreasonable _________.
|
residency requirements
|
|
A state cannot legally set two different _________.
|
income tax rates
|
|
Individuals who hold a ________ license would have to meet the requirements set by the state they are moving to.
|
professional or occupational
|
|
Students who attend a college outside of their home state, often have to _____________.
|
pay higher tuition rates
|
|
people seeking a hunting or fishing liscense in a state that they do not reside can expect to ______.
|
higher license fee
|
|
rendition
|
state
|
|
extradition
|
country
|
|
in the past, ______, have refused to return fugitives on the grounds of ___________.
|
governors
unsafe prison conditions and questions over a fair trial |
|
it has become harder for ______ to refuse the return of fugatives because_____.
|
governors
a fleeing felon who crosses state lines is a federal offense and the federal government is the principal actor |
|
______ can admit new states to the union but there are no _________.
|
congress
fixed rules for admission |
|
a territory that wished to join as a state must petition congress and they will be granted__________.
|
a congressional enabeling act
|
|
a congressional enabeling act allows____________.
|
the drafting of a constitution
|
|
Alaska is state _____
Hawaii is state ______ both were admitted in |
49
50 1959 |
|
In the erly U.S. history the court ______ the growth of federalism.
|
assisted
|
|
After the civil war and up to the late 1930's the court was ________ of state's rights.
|
a champion
|
|
From the 1930's to the present the court has supported the expansion of _________.
|
the powers of the federal government
|
|
Year of the McCulloch vs. Maryland
|
1918
|
|
The decision in the case of McCulloch vs.Maryland was crutial for two reason, they are.....
|
it established the power of implied national powers and national supremacy
|
|
In McCulloch vs. Maryland, the bank in question was located in what city and state?
|
Baltimore, Maryland
|
|
In McCulloch vs. Maryland, the bank was a branch of ____________.
|
The Bank of the United States
|
|
In McCulloch vs. Maryland, the state of Maryland created a law that was going to ______.
|
tax any bank that was not chartered by the state
|
|
The Bank of the United States was a creation of congress to ________.
|
Control the issuance of currency
|
|
who was the Cashier when Maryland went to the U.S. bank to collect the tax?
|
James McCulloch
|
|
James McCulloch _______to pay the the tax.
|
refused
|
|
McCulloch's attorney argued that_________.
|
A state cannot tax an instrument of the federal government
|
|
Maryland believed it was their right to tax any___________.
|
institution within their boundries
|
|
Maryland argues that the constitution did not specifically give the federal government the right to_____.
|
create a bank
|
|
In McCulloch vs. Maryland, who was the ruling chief justice?
|
John Marshall
|
|
John Marshall wrote that although the constitution dod not specifically give the power to charter a bank, it can be implied throught the________.
|
necessary and proper clause
|
|
The necessary and proper clause is located in _______.
|
Article 1 section 8
|
|
Marshall pointed out that the constitution does give the power to tax, spend and coin money so a federally chartered banks is....
|
a suitable instrument to carry out these activities
|
|
Marshall said that no state could use its ______ powers to interfere with the execuition of ___________. His statement established....
|
concurrent
the national governments duties doctrine of national supremacy |
|
The doctrine of national supremacy is located in ____.
|
article 6 of the constitution
|
|
A complex system of dual federalism was created____.
|
after the civil war
|
|
Dual federalism is also known as ______.
|
the layer cake model.
|
|
______ clearly defined and seperated areas of regulation for the state and federal government.
|
dual federalism
|
|
dual federalism created _____.
|
co-equal sovereign powers
|
|
under dual federalism, the supreme court used _______ to restrict the powers of the federal government.
|
the 10th amendment
|
|
dual federalism remain in effect until____
|
the mid 1930's
|
|
during the time of dual federalism the federal government focused on____.
|
the delegated powers
|
|
during the time of dual federalism the state focused on domestic issues such as _____.
|
education
social welfare health care criminal justice system |
|
during the time of dual federalism the ability of crongress to legislate under the commerce clause was....
|
very limited
|
|
currently there are no limitations on the federal power to legislate in the areas of______.
|
commerce and general welfare
|
|
It has become almost ______ to use the ______ to limit the scope of the federal governments powers
|
impossible
10th amendment |
|
Year of Barron vs. Baltimore
|
1833
|
|
in the case of Barron vs. Baltimore the supreme court ruled that restrictions found on gov. power, could only be applied to___________.
|
the federal government
|
|
it was not until _______ that the supreme court ________ the bill of rights,
|
the 20th century
nationalized |
|
the nationalization of the bill of rights can be found_____.
|
In the 14th amendment
|
|
____ is the allocation of legislative seats to a populations.
|
apportionment
|
|
_______is the re-drawing of legislative district lines to recognize the existing population distribution
|
re-apportionment
|
|
year of reynolds vs. sims
|
1964
|
|
in the case of reynolds vs. sims, the court ruled that state legislative districts must be_______.
|
apportioned only according to population even though the districts are not drawn with mathematical precision
|
|
seats in both houses houses of the state legislature must be based on _________.
|
population
|
|
in the case of reynolds vs. sims the supreme court implemented______.
|
one man, one vote principal
|
|
all votes are equal when each member of the legislative body____.
|
represents the same number of people
|
|
Year of the voting rights act
|
1965
|
|
The voting rights act enforced the _______ amendment.
|
15th
|
|
the voting rights act was created with the intent of ________.
|
preventing discrimination
|
|
The voting rights act was signed into law by __________ in _________.
|
Linden B Johnson
August 1965 |
|
If a state was determined to be within a ______, it would be subjected to a series of voting requirements.
|
covered jurisdiction
|
|
a state would be put in a covered jurisdiction if they used____________.
|
any test or device that restricted the ability to vote on or before november 1, 1964
|
|
If less than ___% of the of the voting age population voted in the 1964 election you were considered______.
|
50
covered |
|
In _____ six whole states were considered covered jurisdictions, they are....
|
1965
Alabama,Mississippi,Georgia,S.Carolina,Virginia,Louisiana |
|
In_____ congress expanded the coverage formula to include which 3 new states.
|
1975
Texas,Arizona,Alaska |
|
In_____ congress expanded the voting rights act formula to include_________.
|
November 1972
language minority |
|
Under the language minority expantion the state was considered covered if more than _____% of an area spoke a different language.
|
5%
|
|
The language minorities included_______,_______,
_______, and________. |
American Indian, Asian American,Alaskan natives,Hispanic
|
|
If any political or campaign material was printed in only______ then you were in violation of the voting rights act.
|
English
|
|
The voting rigths act has been amended_______ times.
|
4
|
|
The voting rights act was amended in which years....
|
1970,1975,1982,2006
|
|
The 1982 amendment to the voters rights act provided_________.
|
Bailout Provisions
|
|
In order to be approved for a bailout from a covered jurisdiction you have to be violation free for_______ years prior to your application.
|
10
|
|
The 1982 voters right act amendment outlawed an arrangement which would have___________.
|
Weakened minority voting power
|
|
The 2006 amendment to the voters right act was signed by________ and extended it for___________.
|
Bush
25 years |
|
Sections of the act are set to expire in_______ and will require___________.
|
2031
reauthorization |
|
The 1st amendment
|
speech,press,petition, assembly,religion
|
|
The 2nd amendment
|
right to bear arms
|
|
The 3rd amendment
|
quartering of soldiers-not required to house a soldier in peace time
|
|
The 4th amendment
|
unreasonable search and seizure
|
|
The 5th amendment
|
self incrimination,double jepoardy, due process, and emanate domain
|
|
The 6th amendment
|
criminal court procedures, right to attorney,public and speedy trial,fair and impartial jury
|
|
The 7th amendment
|
right to a trial by jury and common law cases
|
|
The 8th amendment
|
cruel and unusual punishment and exessive bail
|
|
The 9th amendment
|
enumerated right amendment,just because a right is not stated in the constitution does not mean you are denied that right
|
|
The 10th amendment
|
reserved or residual
|
|
the bill of rights was intended to keep the national government fomr _______.
|
interfere with individual liberties
|
|
the billof rights limited the rights of the ________government not the ______government
|
national
state |
|
in barron vs. baltimore the supreme court ruled that ____.
|
the bill of rights limits the powers of the national not the state government
|
|
barron was seeking compensation under _____.
|
emanante domain
|
|
barron lost business because
|
the city changes the flow of the streams during construction and his warf was inexcessable.
|
|
The civil war led to the ______ amendments.
|
civil war
|
|
Prior to the civil war, citizens had to look for assistance from _______ for the protection of the most basic of civil liberties.
|
their state constitutions
|
|
The 13, 14, and 15th amendments are also known as the_______.
|
civil war amendments
|
|
The 13th amendment deals with________.
|
slavery and involuntary servitude
|
|
The 14th amendment addresses __________.
|
privileges and immunities, dual process and equal protection
|
|
The_____ amendment has proven to be the most influential in protecting citizens from state interference.
|
14th
|
|
The________ clause was used first to try to control state actions.
|
privileges & immunities
|
|
The______ clause was used in the slaughter house cases in an attempt to control the behavior of Louisiana.
|
privileges & immunities
|
|
The useof the privileges and immunities clause was_____ against Louisiana in the slaughter house cases.
|
unsucessful
|
|
What was at issue in the Louisiana slaughter house case.
|
A Louisiana law that created a slaughter house monopoly
|
|
The independent butchers brought suit against the state claiming that _______.
|
the monopoly violated their privileges and immunities, specifically their right to operate
|
|
in the slaughter house case the supreme court ruled that______.
|
the butchers had not been deprived of their right to do business they were merely subject to qualifications
|
|
What 2 distinct citizenships did the court say that the 14th amendment recognize.
|
U.S. and state citizenship
|
|
The court ruled that most of the fundamental rights that a citizen enjoyed were derived from the___.
|
state citizenship
|
|
The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment applied to your_____.
|
national citizenship
|
|
The court believed that the privileges and immunities that were held by a citizen and were protected by the 14th amendment did not extend to the________
|
states responsibilty of enforcing the federal bill of rights
|
|
Because the privileges and immunities was unavailable, the citizens next turned to the________ clause of the 14th amendment.
|
equal protection
|
|
Gitlow vs. New York was extremely important because____________.
|
it caused the gradual nationalization of the bill of rights to begin to take place
|
|
What was at issue in Gitlow vs. New York.
|
the free speech and press
|
|
The Supreme Court upheld the New York law that convicted Benjiman Gitlow but they______________.
|
Added a statement to their decision which changed the course of history
|
|
In Gitlow vs. New York the court ruled that___________.
|
free speech and free press could not be deprived by the states b/c these were fundamental rights protected by the due process clause protected by the 14th amendment
|
|
Through the Supreme Court's interpretation of the due process clause the nation _____________
|
began to see the application of the federal bill of rights to the state treatment of its own citizens
|
|
The process of the application of the federal bill of rights to the state treatment of its own citizen is known as_______.
|
incorporation doctrine
|
|
Gradually and over time almost all ______ have been incorporated into the due process clause of the 14th amendment.
|
the major portions of the bill of rights
|
|
Since ___ the due process clause of the 14th amendment has been___________.
|
interpreted by the courts to forbid state denials of 1st amendment freedoms and certain procedural rights
|
|
Our procedural rights are addressed in the ___,___,___, and ___ amendments.
|
4th,5th,6th,8th
|
|
the 4th amendment has been interpreted through what two doctrines.
|
legal formalism
legal realism |
|
the doctrine of legal formalism was interpreted to mean
|
a man's home was his castle and that there is an inalienable right against personal and governmental intrusion
|
|
Under what two clauses were used so that the government could not acquire an individuals private papers.
|
reasonableness clause of the 4th amendment
self incrimination clause of the 5th amendment |
|
Under this doctrine it did not matter that the state complied with established procedure and gathering information it was the content that was the deciding factor
|
legal formalism
|
|
Under this doctrine the manner in which evidence is obtained rather than the content of the evidence was the determining factor
|
legal realism
|
|
This doctrine highlighted the movement of procedural protection over content protection
|
legal realism
|
|
What doctrine does the court currently operates?
|
formal realism
|
|
What is at he heart of the interpretation of the 4th amendment?
|
to understand reasonable and probable cause
|
|
The 4th amendment prohibits search and seizure but__________.
|
it does not define it
|
|
________ helps define the 4th amendment.
|
legal maxim
|
|
The_____ says it is unreasonable for a police officer to look for an elephant in a matchbox.
|
legal maxim
|
|
Most of the time reasonable is defined as_____,______,and______
|
sensible,rational,justifiable
|
|
The courts also tend to define reasonable on a
|
case by case basis
|
|
There is no strict definition of
|
reasonable cause
|
|
The circumstances of each case will determine
|
reasonable cause
|
|
Probable cause is generally understood to mean
|
stronger than reasonable suspicion
|
|
The sum total of information and what the police heard, know and observe is known as
|
totality of circomstances
|
|
What is the key determination of whether a judge will grant an officer a warrant
|
probable cause
|
|
Lawful searches and arrests can be made without a warrant but cannot be not made without
|
probable cause
|
|
What are the 2 sources of probable cause
|
observational and the smell test
|
|
What source of probable cause is where the officer uses his personal experiences and senses.
|
observational
|
|
What source of probable cause does the individual's furtive conduct helps establish probable cause
|
smell test(if it doesn't seem right it probably isn't
|
|
These are physical actions of an individual particularly suspicious, questionable, or secretive behavior
|
furtive conduct
|
|
What behaviors would contribute to probable cause
|
fleeing the police,physical evidence like tire marks,admissions immediately following apprehension,improbable money,the presence at the crime scene and association with other known criminals
|
|
Informational is established through
|
official and unofficial sources
|
|
Official sources include
|
police dispatch bulletins and warrant notices
|
|
Unofficial sources include
|
witnesses,victims,and informants
|
|
What are two facts about warrants
|
all warrants are based on probable cause it is a constitutional requirement and it is a judge not an officer who determines if probable cause exists
|
|
What are the exceptions to the warrant rule
|
1. if a suspect consents2. cars in public places3. hot pursuit4. accidental discorvery5. inventory search6. incidental to lawful arrest or lunge rule
|
|
This was created in 1914 and it originally applied only to the federal level and in 1961 was applied to the state level
|
Exclusionary rule
|
|
The exclusionary rule applies to
|
all citizens and immigrants documented or undocumented who reside in the United States
|
|
The exclusionary rule states that
|
evidence obtained illegally must be excluded from trial no matter how incriminating the evidence
|
|
This is a judge made rule and is not located in the constitution
|
exclusionary rule
|
|
The exclusionary rule was created to
|
prevent governmental misconduct
|
|
As a whole the exclusionary rule does not
|
reduce the amount of evidence seized
|
|
What are exceptions to the exclusionnary rule.
|
1. inevitable discorvery 2. good faith
|
|
_______ permits evidence that has been seized illegally to be introduced when it would have been discovered anyway
|
Inevitable discovery
|
|
______ is if the police conduct a search using a warrant that turns out ot be invalid the evidence is admissable, the warrant error has to be minor or technical
|
Good Faith
|
|
The exclusionary rule has been expanded to include_____.
|
searches that shock the conscience
|
|
Who decides if shock exists?
|
the courts
|
|
The exclusionary rule has also been expanded to include_____.
|
fruit of the poisonous tree
|
|
______ means that any evidence obtained as a result of an illegal search is excluded from trial.
|
fruit of the poisonous tree
|
|
If the primary source is proved to be illegal then the ________ is also inadmissable.
|
secondary evidence
|
|
Prior to 1961 evidence was admissable in state trials even if________.
|
it had been gathered illegally
|
|
In this case the court ruled that states may not use illegally seized evidence in criminal trials.
|
Mapp vs. Ohio 1961
|
|
The court ruled in the case of Argersinger vs. Hamlin that______.
1972 |
the right to an attorney is extended to defendants who are charged with misdemeanors who face the possibility of jail time
|
|
The court ruled in the case of Escobedo vs. Illinois that______.
1964 |
criminal suspects have the right to counsel during police interrogations
|
|
The court ruled in the case of Gideon vs. Wainwright that______.
1963 |
courts are required to provide counsel to indigent defenddants in serious criminal cases
|
|
Gideon vs. Wainwright said that the right to counsel is _______
|
a fundamental right that is available to all regardless of social position. A person can refuse the counsel and defend themselves.
|
|
The court ruled in the case of Betts vs. Brady that______.
1942 |
states were not required to appoint an attorney to indigent defenders charged with a felony
|
|
any words or actions on thepart of the police that the police should know are reasonably likely to produce a sef-incrinimating response from the suspect.
|
functional equivalent interrogation
|
|
The court ruled in the case of Innis vs. Rhode Island that _____.
|
Innis had not been subjected to a fuctional equivalent form of interrogation
|
|
The court ruled in the case of Miranda vs. Arizona that _______.
|
prior to questioning a person in custody, they must be warned or advised by the state that he/she has certain rights
|
|
The Miranda decision defined interrogation in which two ways?
|
express/direct questioning
functional equivalent |
|
_____ is the questioning by an officer after a person is in custody. (person is not free to leave)
|
custodial interrogation
|
|
____is a restraint placed on an individuals freedom of movement which rises to the level of formal arrest.
|
fuctional equivalent
|
|
the only unincorporated right is the right to_____. A state can choose to use either a ____ or _____.
|
a grand jury
a grand jury(inditement by jury) a prelim hearling (by judge) |