2.3 The Bill of Rights Flashcards
Bill of Rights
The first ten amendments of the U.S. Constitution.
Cruel & Unusual Punishment
Punishment prohibited by the Eighth Amendment to the U.S. Constitution; includes torture or other forms of punishment too severe for the crime committed.
Eminent Domain
The right of the government to take private property for public use; the Fifth Amendment requires that people be paid fairly (compensated) for their property if it is taken by the government.
Pleading the Fifth
The right of a person to refuse to testify under oath in a court of law on the grounds that the answers could be used as evidence against him to convict him of a criminal offense.
Right to Bear Arms
The idea in the Second Amendment that people have an individual right to own and carry weapons.
Unenumerated Rights
According to the Ninth Amendment, any right that is not specifically addressed in the Constitution still may be protected (ex. privacy)
Double Jeopardy
The prosecution of a person for a criminal offense for which he has already been tried; prohibited in the 5th amendement
Due Process
People accused of a crime still have individual rights. There is a standard process established that must be fairly followed before an accused person can loose their life or freedom. In the 5th Amendment
Trail By Jury
A trail in which the issue is determined by a judge and a jury, protected in the 6th amendment (jury is usually 12 people)
Right to a Legal Counsel
The right of a person to be appointed by a lawyer, and is the cannot afford his own lawyer the government must appoint one for him; established in the 6th amendment.
Search and Seizure
The process by which law enforcement who suspect that a crime has been committed do a search of a person’s property and collect evidence related to the crime; protected from illegal search and seizure is in the 4th amendment.
