1. Due Process means fair and equal treatment under the law.

  2. Procedural Due Process means government’s actions must be fair.

  3. Substantive Due Process means governmet’s policies and laws must be fair.

  4. Pumping the stomach of a man who wallows morphine capsules would be following the wrong procedures by forcible extracting his stomach’s contents.

  5. States can forbid bad brakes, defective horns on autos.

  6. States can outlaw gambling and prostitution.

  7. States can force suspected drunk drivers to take a breathalyzer test.

  8. The 1973 decision legalizing abortion was Roe v. Wade.

  9. The 13th Amendment forbids slavery and involuntary servitude.

  10. Selling a house based on race is unconstitutional.

  11. It is not legal to deny students admittance into a private school based on race.

  12. Blanket search warrants are not legal in order to search private homes.

  13. When police are in “hot pursuit”, the do not have to obtain a search warrant.

  14. Police can not stop a motorist at “random”.

  15. School administrators can search student lockers if they have reasonable grounds to suspect a violation of school regulations.

  16. Searches and seizures without warrants are permissible if police are in “hot pursuit”.

  17. The exclusionary rule requires judges to throw out “tainted evidence” in a criminal trial that police obtained illegally.

  18. The exclusionary rule means that come people who are guilty can go free.

  19. Wiretapping is illegal and wiretapping can not be used in a public phone booth.

  20. The 2nd Amendment does not guarantee the right to keep and bear arms free from government restriction.

  21. Crimes are legal wrongs against the public that the law prohibits.

  22. A writ of habeas corpus prevents arrests and imprisonments without cause.

  23. A writ of habeas corpus forces a police officer to bring a prisoner to court and show proof of why he should remain in jail.

  24. Bills of Attainder are legislative law that sentences a person to jail without trial.

  25. Ex Post Facto Laws prohibits an action after it has taken place.

  26. Double Jeopardy mean defendants found not guilty may not be tried again for the same crime.

  27. If you commit two or three crimes in a single act (let’s say, assault, and kidnapping), you may be tried for each crime.

  28. It is not considered double jeopardy if a court of Appeals determines there were mistakes in the original trial.

  29. A grand jury is a jury wit 16-23 jurors who determine the evidence on a serious crime.

  30. An indictment does not mean a person is guilty.

  31. An affidavit by the prosecution that there is sufficient evidence to justify a trial is called a information.

  32. A federal trial must begin within 100 days or the case is dismissed.

  33. The court can revise convictions where too much press coverage creates a “circus atmosphere”, preventing the defendant from getting a fair trial.

  34. The trial jury is called the petit jury.

  35. The 1963 decision saying States must provide lawyers for indigent defendants was Gideon v. Wainright.

  36. The Gideon decision meant that thousands of prisoners who had been convicted without counsel were not set free.

  37. Since Gideon, no matter how poor a person charged with a crime is, he has the right to a lawyer.

  38. In a trial the burden of proof is always on the prosecution.

  39. A person does not have to testify against his or her spouse.

  40. In 1966, the Court said it would not uphold a conviction where suspects were not read their rights [Mirandized]

  41. The police may not encourage you to commit crimes that they would otherwise not commit.

  42. Recent Supreme Court decisions have made exceptions to the Miranda Rule.

  43. Bail allows defendants to continue their normal work and pepare their cases for trial.

  44. The main reason the Constitution dealt with treason was it could be used for political reasons.

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