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10/6/24, 2:37 AMExam 1 LMPT
Jeremiah
Terms in this set (112)
It is critical to be _____ and react to the proactive
threat of violence and not the actual
violence itself.
Legislative Branch Who enacts the laws?
Executive Branch who implements the laws
Judicial Branch Interprets the laws
1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment Freedom from unreasonable searches and seizures
5th Amendment The Right to Remain Silent/Double Jeopardy, right to due process
Double jeopardy
Dual sovereignty
5th Amendment Self incrimination
Grand jury &
Due process
Speedy trial
Right to confront witnesses
6th Amendment Compulsory process to obtain witnesses f
Assistance of counsel
Informed of the nature and cause of the charges
No excessive bail or fines
8th Amendment
No cruel & unusual punishment.
When law enforcement agencies abide by the Constitution, members of the public
How does the U.S. Constitution apply to
are more likely to view police actions as legitimate. The community will know they
law enforcement behavior?
can trust police officers to act in ways that are respectful, appropriate, and just.
Identify the components of the criminal Grand Jury, initial appearance, venue, and the right to trial by jury
justice system that originate in the U.S.
Constitution.
Exam 1 LMPT
1/8
, 10/6/24, 2:37 AM
Identify when speech, or expression, is Protects the people from unreasonable government restrictions on expressing their
protected under the First Amendments to thoughts and ideas. Expression under the First Amendment is communication of an
the U.S. Constitution. idea in almost any form.
How can people express themselves as speech, the written word, gestures, or symbolic acts.
defined through first amendment?
What are the exceptions to freedom of (1) obscenity, (2) fraudulent misrepresentation, (3) defamation, (4) advocacy of
speech? imminent lawless behavior, and (5) fighting words.
They are personally abusive epithets which, when addressed to the ordinary citizen,
What are fighting words? are reasonably likely to provoke a violent reaction. More than profanity, they are an
invitation to fight.
First, the advocacy must be directed to inciting or producing imminent lawless
action. Consequently, advocating lawlessness at some future time is protected.
What is 'advocating imminent lawless
Secondly, the advocacy must be likely to incite or produce lawlessness, so even if
action'?
the speaker advocates immediate lawlessness, the audience must be receptive to
the idea.
Imagine a passenger on an airplane joking with a flight attendant and saying, "I've
Define creating clear and present danger?
got a bomb." Attempts like those that place the public in fear of pending peril
concerning an attempt to kill, injure, or intimidate any individual or to unlawfully
Define 'true threats'
damage or destroy any building
Identify where (the forum) that the people Within a public forum the government can require demonstrators to get a permit.
have the most protection exercising their They can control it through setting time restrictions, the manner, and the place.
first amendment rights and how the
government can control expression in that
area.
public forums are where the people have traditionally exercised First Amendment
Define public forums
freedoms. They include public streets, sidewalks, and parks.
How does time restrict demonstrators? keeps two demonstrations from interfering with another
How does place restrict demonstrators? prevents demonstrators from blocking traffic.
How does manner restrict demonstrators? no fighting/aggressiveness/noise level, keeps the public safe
Government has to prove the restriction not only serves a compelling state interest,
What are content based restrictions? but also is narrowly drawn to achieve that end.
Typically is not held up in a court.
When does a law enforcement officer seize "Whenever an officer restrains the freedom of a person to walk away, he has seized
a suspect under the Fourth Amendment. that person." Tennessee v. Garner, 471 U.S. 1, 7 (1985).
detentions
frisks
arrests
self defense
What are the different objectives identified
defense of others
for use reasonable force by law
preventing a person from self injury
enforcement officers?
enforcing protective custody commitments
preventing a person from destroying evidence
stopping or preventing riots and or crowd control
preventing prisoner escapes
As defined by the 4th Amendment all reasonable
searches and seizures of person by agents
of the government must be _______
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