Glossary of SALETC 2.10 Constitutional Law Definitions
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- Bill of Attainder
- a law which makes a specific person guilty of a crime.
- Case Law
- A part of the common law, it is the interpertations of laws, and the applications of those laws to the facts, as decided by the coutrs in individual cases. The principles determined by the coutrs have precedent, and are followed by subsequent courts deciding similar issues.
- Common Law
- That body of law that was originated, developed and formulated throughout history in the countries and cultures of Anglo Saxon peoples, primarily England
- Constitutional Law
- Then fundamental law of a nation or state which establishes the character, form and structure of its government, and provides and limits the power and authority of that government.
- deprivation of freedom in any siginicant way; not free to leave.
- Doctrine of constitutional incorporation
- The incorporation of most of the protections of the Bill of Rights through the 14th Amendment to the states.
- Double jeopardy
- no person can be tried twice for the same crime.
- Exclusionary rule
- best described as a judicially created rule of evidence, under which evidence that has been obtained in violation of a suspects constitutional rights cannot be introduced at trial of the case
- Fruit of the poisonous tree
- evidence derived form an illegal search, it cannot be used at trial
- Habeas corpus
- means, literally, "you have the body" A writ of habeas corpus is a common law writ that is used, in present times, to object to allegedly unconstitutional imprisonment. It requires that authorities show cause why the person is being held.
- includes express questioning and any words or actions on the part of the police that they should know are reasonably likely to elicit an incriminating response
- Natural law
- the philosophy that all persons have certain inalienable rights, with which they are born, for example, the "rights" to life and liberty
- Probable cause
- facts and circumstances that would lead a reasonable person to believe a crime is being, has been or will be committed and that the person to be arrested is, has or will commit that crime
- Reasonable suspicion
- articulable reasons to suspect that criminal activity is on going and that the person stopped is involved in that criminal activity.
Some times described as "more than a hunch and less than probable cause"
- law enforcement examination of an area or item in which a person has a reasonable expectation of privacy
- law enforcement possession/control of a person or property
- Stare decisis
- a legal standard which means that courts will, generally, stand by precedent and not disturb (reverse or reinterpret) a settled point of law.
- Statutory law
- Acts adopted by local, state or federal legislative bodies.
- 1st Amendment
- 2nd Amendment
- Right to Bear Arms
- 3rd Amendment
- Quartering of Troops
- 4th Amendment
- Search and Seizure
- 5th Amendment
- Grand Jury
- 6th Amendment
- Jury Trial
Right to Confront
Right to Counsel
- 7th Amendment
- Common Law Suits
- 8th Amendment
- Excessive Bail or Fines
Cruel and Unusual Punishment
- 9th Amendment
- Non-enumerated Rights
- 10th Amendment
- States Rights
- 14th Amendment
- Privileges and Immunities
- How many tiers are in the American court system. And what are they?
Federal and State Court System
- What are the Federal Courts
- District Court (Trials)
Circuit Court of Appeals (Ours is the 9th in San Francisco)
US Supreme Court
there are also specialty courts
- What are the State Courts
- -City Court/Justice of the Peace, Superior Court(Trials)
-Court of Appeals (Division 1 and 2)
-Arizona Supreme court
There are also specialty courts.
- Purposes for the US Constitution
- -form a more perfect union
-insure domestic tranquility
-provide for the common defense
-promote the general welfare
-secure the blessings of liberty
- The Constitution consists of seven articles and twenty-seven amendments. The first three articles of the constitution outline our system of government and are known as...
- the "Separation of Powers" articles
- Article 1 of the US Constitution.
- The Legislative Branch
- All legislative power vested by the Constitution is vested in Congress. Some examples?
- -all bills originate in Congress
-the president my veto any bill
-Congress may override a veto by a 2/3 vote in both houses.
- Congress consists of
- -House of Representatives (435 members)
-Senate (2 per state)
- House of Representatives requirements
- must be at least 25 years old, have been citizens for seven years and be, when elected, inhabitants of their respective states
-Two year terms
-Representation apportioned according to a census every ten years.
-Granted sole power of Impeachment
- Senate requirements
- -30 years old, have been citizens for nine years and be when elected, inhabitants of their respective states.
-Six year terms
-two senators from each state
-Senate tries all cases of impeachment
- During the session and while going to and from the session members of Congress are immune from arrest EXCEPT for
Breach of the Peace
- Powers of Congress
- -Make all federal laws
-regulate international and interstate commerce
-establish and maintain the lower courts
- Limits on Congress' power
- -The privilege of the writ of habeas corpus may not be suspended, except in times of rebellion or threat to the public safety
-No bill of attainder shall be passed
-No ex post facto law shall be passed
- Limits on States' Power
- States Cannot
-pass bills of attainder or ex post facto laws
-levy import or export taxes
-Keep troops (other than the National Guard
-Enter into treaties with other countries
- Article 2
- The Presidency
- The Presidency Requirements
- -4 year term; 2 terms or ten years maximum
-35 years of age
-natural born citizen of the U.S.
-Must be resident for 14 years
- Presidential powers
- -Commander in chief of armed forces
-makes all treaties with approval of a 2/3 of Senate.
-appoints ambassadors and Supreme Court Justices with approval of Senate.
-Has power to pardon
- Article 3
- Supreme Court
- Article III The Supreme Court
- -One Supreme Court is established by the Constitution, with congress given the authority to establish inferior courts as required.
-Justices and judges of Federal Courts serve for life (during good behavior)
-Sets forth the jurisdiction of the Supreme court, including both exclusive and non exclusive jurisdiction
-Criminal trials shall be by jury
-Treason is defined in the Constitution (only crime defined therein)
- Article IV The States
- -Each state is to give full faith and credit to the laws of all other states.
-Each state shall allow extradition of a person wanted for a crime in another state.
-Provides for forming of new states and for regulation of territories.
- Article V Amending the Constitution
- Approval of 3/4 ths of the states of an amendment proposed by 2/3rds of both houses
3/4 approval at a constitutional convention called by 2/3 of the states.
- * Article VI Supremacy Clause
- Provides that the Constitution, laws and treaties of the US shall be the Supreme Law of the Land.
- Requires that the state executives, legislators and judicial officers must support the United States Constitution but that no religious test shall ever be required as qualification for any public office in the United States.
- Article VII Method of Ratification of Constitution.
- Nine of the original 13 stats must approve.
- What are the Civil War Amendments
- 13th Abolition of Slavery
14th Privileges and immunities, due process, equal protection, apportionment of Representatives, Civil War Disqualification and Debt.
15th Rights not to be denied on account of race--establishes right to vote, regardless of race or color.
- The first 10 amendments to the Constitution are know as
- The Bill of Rights
- Arrests without warrants may be made only in...
- Public places
- Arrests in private places requires
- Probable Cause and a Warrant.
- Examples of places in which a person would have no reasonable expectation of privacy.
- their physical characteristics
garbage set out for collection
- would sniffing the air or seeing something that is in plain view be considered a search?
- The Fourth amendment requires a warrant to search. The warrant must be based on...
- Probable cause, supported by oath and particularly describe the place to be searched or the person or thing to be seized.
- The Fourth Amendment applies only to...
- State Actors
- Give an example of searching only where it is reasonable to find the listed property.
- you can't search in a glove compartment for a shotgun.
- An arrest warrant allows a person to be arrested wherever found, including the suspect's own home. Is an arrest warrant alone sufficient to enter a third person's residence looking for the suspect?
- No, you must have third persons consent or both an arrest warrant and a search warrant.
- Exceptions to the Warrant Requirement.
-Pat Down/Frisk (may only be done if the officer has reasonable suspicion to believe that the persons presently armed and dangerous. the search is for weapons only.)
-Search incident to arrest (limited to situations in which the officer is making a actual custodial arrest or in which the officer is searching for evidence associated with the crime.)
- Exigent Circumstances
-response to an emergency
-destruction of, or evanescent, evidence
-likelihood of violence/substantial risk of harm if police must wait for warrant.
- vehicles may be searched without a warrant
-pat down/frisk of vehicle
-search incident to a full custodial arrest
-probable cause to believe the vehicle contains evidence or contraband
-as part of an inventory of a vehicle to be impounded if the police agency has an inventory search policy.
- The Fifth Amendment provides several critical rights...
- -Right to Grand Jury (federal crimes)
-Protection from Double Jeopardy
Prohibits compulsory self-incrimination (Miranda)
-Requires due process
-requires just compensation for governmental takings of property
- When is Miranda required?
- When a person is in custody AND being interrogated.
Custody=> not free to leave
Interrogation => questioning or statements intended to elicit information related to the criminal investigation.
Miranda warnings are not required at simple traffic stops
- One Exception to Miranda is the emergency or public safety exception. What are some examples
- the answer to is anyone hurt or where is the gun
- which right invoked allows a waiting period and re-reading Miranda and reinitiating contact?
Which does not.
- right to remain silent.
Right to counsel
- The right to counsel
- -attaches at initiation of criminal proceedings
-is offense specific
-police cannot initiate contact
- Rights of citizens of the United States
- National citizenship
--Substantive due process
--Procedural due process
-Equal protection of the law
- Victims Rights
law enforcement officers must advise the victim of the
- -existence of the Victim's Compensation Program
-availability and nature of local victim/witness services
-means of accessing police reports
-all provisions of the ARS 13-4405 and 4406
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