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political inquiry process |
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involves posing a question (hypothesis), collecting data, analyzing the data, and drawing conclusions about whether the data support the hypothesis. |
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the intentional or unintentional use of someone else's ideas, phrasing, terminology, or words without providing an acknowledgment in the form of a footnote, endnote, parenthetical reference, or direct comment in the text. |
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using someone else's words from a text and rewriting them by substituting synonyms. |
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classify and clarify information, examine assumptions, analyze reasons and evidence, identify viewpoints and perspectives, scrutinize implications and consequences, discover application and significance. |
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produced either by locating raw data or creating the data. |
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a set of data that is not collected by the student. |
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when the author treats a debatable opinion as a proven fact. |
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structures and focuses the paper on an assertion or a hypothesis about the relationship between concrete and/or abstract political objects. |
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like a thesis it states the central idea and the writer's perspective about it, however it elaborates on parts of the thesis sentence in the body of the paper |
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words or phrases to keep the paragraph unified and coherent. |
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a value at the heart of our constitutional democracy that we should live in a place where we are safe. |
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a value at the heart of our constitutional democracy that individuals are free to control their own lives without government interference. |
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tells you the source of the material quoted or relied on. |
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a decision rendered by five or more supreme court justices, which becomes the law. |
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statements in which justices agree with the decision but not the reasoning of a court's opinion. |
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a statement in which the greatest number, but not a majority, of the justices favor a court's decision |
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part of an appellate court case in which justices write opinions disagreeing with the decision and reasoning of a court. |
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a prior decision that's binding on a similar present case. |
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the doctrine in which a prior decision binds a present case with similar facts. |
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the power to hear and decide cases in a specific geographical area or the subject matter the court controls. |
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a court decides that a prior decision doesn't apply to the current case because the facts are different. |
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latin for "you have the body," it's an action that asks those who hold defendants to justify their detention. |
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an order to the court that decided the case to send up the record of its proceedings to the U.S. supreme court for review. |
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an appellate court decision upholding the decision of a lower court. |
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the appellate court set aside, or nullified, the lower court's judgment. |
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the appellate court sent the case back to the lower court for further action. |
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refers to the idea that constitutions adopted by the whole people are a higher form of law that ordinary laws passed by legislatures. |
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law of criminal procedure |
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the rules that government has to follow to detect and investigate crimes, apprehend suspects, prosecute and convict defendants, and punish criminals. |
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U.S. constitution, article 6, which says that the U.S. constitution is the last word in criminal procedure. |
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the U.S. supreme court's interpretation trumps the interpretation of all other federal and local courts, congress, and state and local legislatures. |
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a law above the ordinary law created by legislatures. |
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a broad and vague guarantee of fair procedures in deciding cases. |
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right to be free from unreasonable searches and seizures. and right to probable cause to back up searches and seizures |
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the right to grand jury indictment, against double jeopardy, to due process, against self incrimination |
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the right to a speedy trial, a public trial, an impartial jury, etc. |
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the right to against excessive bail, against excessive fines, against cruel and unusual punishment. |
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the right to due process of law in state criminal proceedings, right to equal protection of the law in state criminal proceedings. |
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fundamental fairness doctrine |
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a command to the states to provide two basics of fair trial: notice and a hearing. |
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the principle that the 14th amendment due process clause incorporates the provisions of the bill of rights and applies them to state criminal procedure. |
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all the provisions were incorporated under the due process clause. |
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selective incorporation doctrine |
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some rights were incorporated and others weren't |
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proving that race or some other illegal group characteristic accounts for the official decision. |
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a named official in the case at hand intended to discriminate against a named individual because of race or other illegal criteria. |
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presumption of regularity |
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presumes government actions are lawful in the absence of "clear evidence to the contrary" |
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U.S. supreme court application of the bill of rights to state criminal proceedings. |
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power of the people to create law. |
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the right of citizens to come and go as they please without government interference. |
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the right to be let alone by the government |
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the fourth amendment doctrine that requires physical intrusions into a "constitutionally protected area" to qualify as a search. |
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whether a person exhibited an actual personal expectation of privacy. |
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whether the subjective expectation of privacy is "one that society is prepared to recognize as 'reasonable." |
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doctrine that it's not a "search" to discover evidence inadvertently obtained through ordinary senses if the officers are where they have a right to be and are doing what they have a right to do. |
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the rule that the 4th amendment doesn't prevent government officials from gathering and using information they see, hear, smell, or touch in open fields. |
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the area immediately surrounding a house, such as garages, patios, and pools, that isn't part of the open fields doctrine. |
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the 4th amendment doesn't prohibit obtaining information revealed to a third party and conveyed by the third party to government authorities. the constitution doesn't protect gullible people. |
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started the search and seizures laws |
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issued by the English crown for the life of the monarch, they could order anyone who happened to be nearby to help execute the warrant. |
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empowered royal agents of the English crown to search anyone, anywhere, anytime. |
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argued that writs of assistance were illegal because they were general warrants. only searches with specific dates, naming the places or persons to be searched and seized, were lawful where free people lived |
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reasonable expectation of privacy |
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the kind of expectation any citizen might have with respect to any other citizen applies to law enforcement as well. |
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officers take suspects to the police station and keep them there against their will. |
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brief, on the spot detentions that freeze suspicious situations so that law enforcement officers can determine whether to arrest, investigate further, or terminate further action. |
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once over lightly pat downs of outer clothing by officers to protect themselves by taking away suspects' weapons. |
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the clause in the 4th amendment that bans unreasonable searches and seizures. |
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the part of the 4th amendment that outlines the requirements for obtaining arrest and search warrants. |
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the warrant and reasonableness clauses are firmly connected when ruling on stop and frisk law cases. according to the U.S. Supreme Court. |
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the warrant and the reasonableness parts of the 4th amendment are separate elements that address separate problems. |
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rules that spell out officers' power and apply to all cases. |
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deciding whether constitutional requirements were satisfied in each case. |
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information that officers know firsthand, acquired directly through their physical senses. |
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facts and circumstances officers learn secondhand from victims, witnesses, other police officers, and anonymous, professional, or paid informants. |
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facts officers can name to back up their stops of citizens. |
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the totality of articulable facts and circumstances that would lead an officer, in the light of her training and experience, to suspect that a crime might be afoot. |
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popular law enforcement tool that consists of lists of circumstances that might, or might not, be linked to particular kinds of behavior. |
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facts that back up a stop don't automatically also back up a frisk, except when suspects are stopped for crimes of violence. |
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stopping everyone who passes a point on a road during a specific time period. |
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stopping groups of drivers without individualized suspicion that any individual might be up to criminal activity. |
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due process. a white man was found and 3 innocent black men were accused of the murder. the officers beat the 3 men until they confessed. |
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privacy doctrine. (prohibition era) police tapped Roy Olmstead's phone and he was convicted. the police didn't physically trespass. |
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reasonable expectation of privacy doctrine. Charlie Katz was a bookie and was using a phone booth with the door closed. the police had a recorder on the outside of the door. |
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