2. Chapter 20 Civil Liberties: Protecting Individual Rights

3. “Must a government, if necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?” - Abraham Lincoln

4. Types of mistakes a system of justice can make: the rights of a few people can be abused when trying to catch and punish criminals a few guilty people may avoid punishment when trying to protect the rights of the innocent

5. Due Process the basic fairness towards the accused must be followed at every step of the legal system

6. Warrant a court permit authorizing police action to: make an arrest search and seize evidence wherever a suspect has a reasonable expectation of privacy

7. There are at least four circumstances/exceptions when a search warrant is unnecessary.

8. Circumstance #1 when a crime is committed in the presence of an officer

9. Circumstance #2 if the police have good reason to believe that a major crime was committed and it can be shown that time and circumstances did not permit securing a warrant aka as probable cause

10. Circumstance #3 if the police have made a lawful arrest and the search of a person is necessary to prevent the destruction of evidence

11. Circumstance #4 when the suspect has no expectation of privacy

12. Exclusionary Rule evidence obtained in an illegal search is inadmissable in a criminal trial is intended to balance the need for protection against crime with the rights of the accused

13. Watch out, Parkin! Hit button

14. Miranda warnings the reading of one’s constitutional rights; includes the right to: remain silent an attorney

15. Grand Jury a body of citizens, usually numbering 16 to 23 people examine evidence against a person accused of a serious crime to see if enough information exists to hold a criminal trial does not determine guilt or innocence

16. Indictment a formal charge of a crime against an accused person handed-down by a grand jury if there is sufficient evidence meriting a formal trial

17. Bail the amount of money or property a defendant gives to the court as a guarantee that he or she will show up for the trial amount determined by: -seriousness of crime -ability to post bond -past criminal record

18. Guidelines for deciding how fast “speedy” is: 1. Length of time between indictment and trial. 2. The reason for delay. 3. Whether or not the defense requested a speedy trial. 4. The effect of the delay on the defense’s case.

19. Trial by jury guaranteed by the Sixth Amendment jury should consist of twelve people presided over by a judge verdict must be unanimous

20. Verdict the decision of a jury in a trial can result in a: -conviction -acquittal

21. Subpoena the power of the court to force a witness to appear and testify at a trial

22. Self-incrimination when a defendant witnesses against themselves forbidden by Amendment 5

23. Immunity laws which force a witness to answer all questions by promising the witness they will be free from prosecution

24. Double Jeopardy after an acquittal or a conviction, a person may not be tried again for the same crime

25. Principles of Constitutional Punishment Punishments must be: 1. be consistent with human dignity 2. be fairly applied; 3. be acceptable to society; and 4. cannot be excessive.