Civil Rights #2
Terms
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- Gideon v Wainwright
- Said the defendants in state criminal prosecutions had the right to counsel.
- Grand Jury
- A formal device by which a person may be accused of a serious federal crime.
- Indictment
- A formal complaint laid before the grand jury by a prosecutor.
- Presentment
- A formal accusation brought by the grand jury on its own motion.
- Information
- An affidavit in which the prosecutor swears that there is enough evidence to justify a trial.
- Gregg v Georgia
- reinstated the death penalty. It said that capital punishment "does not invariably violate the constitution.
- Hazelwood v Khuelmere
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First Amendment Case
school censorship goes to the power of the principals. - Gregory v Chicago
- upheld the right to demonstrate peacefully
- Miller v California
- the court set three point standard for deciding what is obscene.
- US v O'Brien
- the court said that young men could not burn their draft cards as a form of protest.
- Jus Soli
- the law of the soil of where you are born
- Jus Sanguinus
- The law of the blood or to whom you are born
- Bennis v Michigan
- upheld the idea of civil forfeiture
- deportation
- forcing someone to leave the country
- California v Greenwood
- The police do not need a warrant to search bags of trash left at the curb.
- espionage
- spying for a foreign power
- Special Immigrants
- persons admissible without regard to any numerical restriction-alien spouses or parents
- Non-Immigrants
- those who come here on temporary basis for special purposes, i.e. students, journalists
- visa
- formal permission to enter a country
- Mapp v Ohio
- the court prohibited unreasonable searches and seizures by state and local authorities
- citizenship
- the badge of membership in a political society
- Fulminante v Arizona
- allows police ti use force to get a confession
- Sheppard v Maxwell
- had been denied a fair trial due to the sensational pretrial press coverage
- US v Paradise
- Required Alabama to promote one Black trooper for every White trooper it promoted until the effects if unfair treatment of Black officer's was overcome.
- Chandler v Florida
- Says the states can allow TV and Radio coverage if they make sure the defendant's rights are protected.
- Texas v Johnson
- the court gave its approval to flag desecration
- Riverside v Mclaughlin
- doubled time you could be attained before your charged with a crime
- Tinker v Des Moines
- protects symbolic speech
- libel
- using the written word to maliciously injure a person's character
- slander
- spoken word to maliciously injure a person's character
- citzens
- full-fledged members of the political community
- nationals
- not fully-fledged citizens, they owe full allegiance to the US
- aliens
- anyone in the US who is neither a citizen or a national
- Ex Post Facto
-
1. criminal law
2. applied retroactively
3. must work to the disadvantage of the accused - De Jure
- segregation by law
- De Facto
- segregation as a result of houseing patterns
- Webster v Reproductive Systems of Missouri
- Supreme Court returned the question of abortion to the states within the parameters of Roe v Wade
- Casey v Planned Parenthood of PA
- court upheld 48 hour waiting period and upheld parental permission. struck down that a married woman needed her husband's permission
- Lemon v Kurtzman
- court's decision was designed to prevent three main evils: "sponsorship, financial support, and active involvement of the sovereign in religious activity."
- Reynolds v US
- The free exercise of religion is absolute. Mormons were told that they could only marry one wife at a time.
- 5 Requirements for Naturalization
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1. You must enter the country legally be here for five continuous years, 6 months in the state where you apply. At least 18 yrs old.
2. Good moral character and well disposed toward the US
3. Able to read and write some English
4. Cannot be an anarchist or advocate the violent overthrow of the government
5. You must take an oath of allegiance - Sabatoge
- an act of destruction intended to hinder a war effort
- Wards Cove Packing Co. v Atonio
- Makes it more difficult for those who charge discrimination to prove their point. Statistical evidence alone is not enough.
- The sixth amendement guarantees four things:
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1. to be informed of an accusation against you
2. to be able to confron the witnesses against you
3. to be able to compel witnesses to testify in you behalf
4. the right to a lawyer - Bench trial
- head by the judge alone there is no jury
- Allegheny County v ACLU
- prohibited a Christmas display by the county because it endorsed Christian doctrine
- Smith Act
- it is unlawful for any person to teach or advocate the violent overthrow of the government of the US
- TLO v New Jersey
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4th Amendment focus
no probable cause - Expatriation
- Voluntarily renouncing one's citizenship
- Scherber v CA
- drunk driving case, it is the leading case which balances the rights of society with those of individuals
- Where does the wall between church and state come from?
- Establishment Clause in the first amendment