Chapter 7 Section 1 #1-6

Chapter 7 Section 1

1.Define the following:

Exclusionary Rule – holds that any illegally obtained evidence, no matter how incriminating, cannot be used in a federal court.

Counsel – an attorney

Self-Incrimination - giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution

Double Jeopardy – a person may not be tried twice for the same crime, thus protecting people from continual harassment.

2. Describe the procedure that police must follow in making a lawful search.

They must obtain a warrant from a court official before searching for evidence or making an arrest. The warrant must describe the place to be searched and the person or things to be seized.

3. Identify the case in which the exclusionary rule was first applied to state courts.

Weeks v. United States

4. Explain the importance of the Court’s decision in Gideon vs. Wainwright.

Gideon was refused an attorney. He was convicted and petitioned the government. Later it was decided that no matter how poor the accused is, he or she has a right to a lawyer from the time of arrest through the appeals process.

5. How does the right to counsel help guarantee a fair trial?

People who couldn’t afford a lawyer were often convicted because they didn’t understand the law, and the right to counsel helps their case become stronger.

6. How has the court differentiated between a search by a public school official and a search by the police?

School officials do not need warrants or probable cause to search students or their property. All that is needed are reasonable grounds to believe a search will uncover evidence that a student has broken school rules. Police need a warrant unless someone commits a crime in their presence.