Submitted by: Submitted by Skater514
Views: 418
Words: 291
Pages: 2
Category: US History
Date Submitted: 05/24/2012 08:23 AM
Section 1
Due Process – A constitutional protection that prevents the government from depriving individuals of their rights and freedoms without following established legal procedures.
Procedural Due Process – The principle that the law must be applied fairly and evenly to all people, using established rules and procedures.
Substantive Due Process – The principle that a law must be fair and reasonable. The right to substantive due process requires a court to consider the fairness of the law itself.
Police Power – The power of a government to use force if necessary to control affairs within its jurisdiction in order to protect the health, safety, and welfare of its citizens.
Search Warrant – A written authorization issued by a judge to allow law enforcement authorities to search a person’s property for specified items and to seize those items if they are found.
Probable Cause – Reasonable grounds to accuse an individual of committing a specific crime.
Exclusionary Rule – A Supreme Court precedent establishing that illegally obtained evidence may not be used in a criminal trial.
Section 2
Presentment – A formal statement issued by a grand jury to authorize a trial for someone accused of a crime.
Miranda Rule – An arresting officer’s requirement to inform criminal suspects of their rights before questioning.
Section 3
Change of Venue – The movement of a trial to a court in a different geographic location.
Bench Trial – A trial in which a judge, rather than a jury, decides an issue.
Double Jeopardy – Trying someone more than once for the same criminal offense. The Fifth Amendment to the Constitution prohibits double jeopardy, but this protection is not absolute. If a mistrial has occurred because of some procedural error or if a deadlocked jury cannot reach a verdict, the prosecution may retry the accused.