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Equal Protection
The constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and pursuit of happiness.
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Custodial Interrogation
Questioning initiated by law enforcement officers after a person is taken intocustody or otherwise deprived of his or her freedom in any significant way, thus requiring that the person be advised of his or her constitutional rights.
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Furman v. Georgia
In Furman v. Georgia, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 (1972), the U.S. Supreme Court struck down three death sentences, finding that they constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution. At the time hailed as a victory for opponents of the death penalty, Furman actually helped states rewrite their death penalty laws to pass constitutional muster.
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Parens Patriae
[Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.
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Rational Basis Test
A judicial standard of review that examines whether a legislature had a reasonable and not an arbitrary basis for enacting a particular statute.
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Romer v. Evans
Romer v. Evans, ___U.S. ___ , 116 S. Ct. 1620, 134 L. Ed. 2d 855 (1996), is a landmark and controversial decision, in which the U.S. Supreme Court declared unconstitutional an amendment to the Colorado state constitution that prohibited state and local governments from enacting any law, regulation, or policy that would, in effect, protect the civil rights of gays, lesbians and bisexuals.
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Sixth Amendment
The Sixth Amendment to the U.S. Constitution reads:
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Symbolic Speech
Nonverbal gestures and actions that are meant to communicate a message.
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Negligence
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
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Terry v. Ohio
In Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), the U.S. Supreme Court ruled that the Fourth Amendment to the U.S. Constitution permits a law enforcement officer to stop, detain, and frisk persons who are suspected of criminal activity without first obtaining their consent, even though the officer may lack a warrant to conduct a search or probable cause to make an arrest. Now known as a Terry stop, this type of police encounter is constitutionally permissible only when an officer can articulate a particularized, objective, and reasonable basis for believing that criminal activity may be afoot or that a given suspect may be armed and dangerous.
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United States v. Virginia
In United States v. Virginia, ___U.S. ___ , 116 S. Ct. 2264, 135 L. Ed. 2d 735 (1996), the U.S. Supreme Court issued a landmark decision on sex-based discrimination when it ruled that Virginia Military Institute (VMI), a publicly funded military college, must give up its all-male enrollment policy and admit women. The decision, which also affected The Citadel, South Carolina's state-run, all-male, military school, was a decisive blow to state-sponsored discrimination. In so ruling, the Court rejected a proposal by Virginia that it establish a separate military program for women at a private college.
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