LAW 393 Lecture Notes - Lecture 7: Habeas Corpus, Article One Of The United States Constitution, Fourth Amendment To The United States Constitution
interpretational dilemma
Can officers ever search a person without a warrant?
Warrantless searches are presumptively unreasonable searches
Supreme courts answer to the interpretations dilemma
Probable cause
The level of proof that is applied to grand jury proceeding
first amendment
establishment clause
pundit
spin info., dont report actual news
freedom of association means
freedom to assemble
4 parts of warrant clause
upon probable cause, supported by Oath or affirmation, particularly describing the place to search,
particularly describing the persons or things to be seized
privacy clause
unreasonable searches and seizures are proscribed
Suspension clause
Habeas corpus protection
General warrant
The reason for the 4th amendment, abuse from king George
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Senate
Approves all nominees to federal bench
Due process, grand jury, double jeopardy, eminent domain, and compulsion
Fifth amendment includes
Harmless error
When an appeal is not eligible, error didn't make a difference in verdict
All charges dismissed
If prosecution violates speedy trial or statute of limitations
General rule
If a defendants conviction is overturned on appeal, he may be tried again
Excludable time
Delays caused by the defendant in speedy trial
Determine if there is enough evidence to indict/charge
Purpose of grand jury proceeding
Purdon's
Volumes of books that contain criminal and civil laws for PA
To charge with wrongdoing
Impeach
Legislative
Branch of government that has power to declare war
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Motion to recuse
Motion would be filed when a defense attorney wants a different judge assigned to the case, judge must
accept or deny
Impartial jury
Sixth amendment promises citizens what kind of jury
Charges filed to the start of the trial
Speedy trial run date
Review
Certiorari
4
Number of justices to grant certiorari
Nominated by president, approved by majority of senate
To become a federal judge
To preserve, protect, and defend the constitution
In the oath of office, the president swears to
Bill of attainder
An edict declaring someone guilty and imposing a sentence, prohibited
Increase punishment retroactively or make an act a crime retroactively, prohibited
2 ways to violate ex post facto
House of reps
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Document Summary
The level of proof that is applied to grand jury proceeding first amendment establishment clause pundit spin info. , dont report actual news freedom of association means freedom to assemble. 4 parts of warrant clause upon probable cause, supported by oath or affirmation, particularly describing the place to search, particularly describing the persons or things to be seized privacy clause unreasonable searches and seizures are proscribed. The reason for the 4th amendment, abuse from king george. Due process, grand jury, double jeopardy, eminent domain, and compulsion. When an appeal is not eligible, error didn"t make a difference in verdict. If prosecution violates speedy trial or statute of limitations. If a defendants conviction is overturned on appeal, he may be tried again. Delays caused by the defendant in speedy trial. Determine if there is enough evidence to indict/charge. Volumes of books that contain criminal and civil laws for pa. Branch of government that has power to declare war.
