GOVERNMENT CHAPTER 17

RIGHTS TOLIFE

LIBERTYPROPERTY

Exclusionary Rule

• he principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.

exclusionary rule

• The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.

CITIZENSHIP

• person who by place of birth, nationality of one or both parents, or by going through the naturalization process has sworn loyalty to a nation. However, if the foreign nation recognizes dual citizenship (Canada, Israel, and Ireland are common examples) the U. S. will overlook this duality of nationalities.

CITIZENSHIP

• NATURALIZATION. The act by which an alien is made a citizen of the United States of America.       

EXPATRIATION

• 1. To send into exile. See Synonyms at banish.• 2. To remove (oneself) from residence in one's

native land.• . To give up residence in one's homeland.• . To renounce allegiance to one's homeland.

• 3. One who has taken up residence in a foreign country.

• 4 One who has renounced one's native land.

ALIENS

• 1. An unnaturalized foreign resident of a country. Also called noncitizen.

• 2. A person from another and very different family, people, or place.

• 3. An alien who has temporary or permanent residence in a country (which is foreign to him/her) may be called a resident alien of that country. This is a subset of the aforementioned legal alien category.

alien

• An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country. This is a very broad category which includes tourists, guest workers, legal permanent residents and student visa resident aliens.

Immigration

• Immigration is the introduction of new people into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration.

im·mi·grant  ( m -gr nt)

• 1. A person who leaves one country to settle permanently in another.

• 2. A plant or animal that establishes itself in an area where it previously did not exist.

VISA

• A visa is an indication that a person is authorized to enter the country which "issued" the visa, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport.

Grand Jury

• A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment. a grand jury is a type of jury that determines whether there is enough evidence for a trial.

Gideon v Wainwright

• Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison.

Gideon v Wainwright

• In a unanimous opinion, the Court held that Gideon had a right to be represented by a court-appointed attorney guarantee of counsel was a fundamental right, essential to a fair trial, which should be made applicable to the states through the Due Process Clause

Gideon v Wainwright

• "lawyers in criminal courts are necessities, not luxuries."

MAPP V OHIO

• Question: • Were the confiscated materials protected

by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)

MAPP V OHIO

• Conclusion: • The Court brushed aside the First

Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence.

MAPP V OHIO

• It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule.

FURMAN V GEORGIA

• Facts of the Case: • Furman was burglarizing a private home

when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death

FURMAN V GEORGIA

• Question: • Does the imposition and carrying out of

the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?

FURMAN V GEORGIA

• Conclusion: 

• Yes. The Court's one-page per curiam opinion held that the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution.

EMINET DOMAIN

• eminent domainn(Law) Law the right of a state to confiscate private property for public use, payment usually being made to the owners in compensation

8TH amendment

• The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments.

8TH amendment

• ) to the United States Constitution prohibits each state and the federal government from denying any citizen the right to vote because of that citizen's sex. It was ratified on August 18, 1920. In response, the National Woman's Party urged citizens to vote against anti-suffrage

26 amendment

• The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution standardized the voting age to 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell. It was adopted on July 1, 1971.

14th amendment

• Its Citizenship Clause provides a broad definition of citizenship that overruled the decision in Dred Scott v. Sandford (1857), which held that blacks could not be citizens of the United States

• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

14 Amendment

• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

5th amendment

• due process • No person shall be held to answer for a

capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

15th amendment

• Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

23rd

amendment• Electors for President and Vice President.

The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961. The first Presidential election in which it was in effect was the presidential election of 1964.

# 23

• Prior to the passage of the amendment, residents of Washington, D.C. were unable to vote for President or Vice President as the District is not a U.S. state. They are still unable to send voting Representatives or Senators to Congress.

24th

amendment• The Twenty-fourth Amendment

(Amendment XXIV) prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. The amendment was proposed by Congress to the states on August 27, 1962

24th

amendment• Poll taxes appeared in southern states

after Reconstruction as a measure to prevent African Americans from voting, and had been held to be constitutional by the Supreme Court of the United States in the 1937 decision Breedlove v. Suttles.

24th

amendment• At the time of this amendment's passage,

five states still retained a poll tax: Virginia, Alabama, Texas, Arkansas, and Mississippi. The amendment made the poll tax clearly unconstitutional