5A Vocab Flashcards
Writ of habeas corpus
A court order requiring explanation to a judge why a prisoner is being held in custody
Ex post facto law
Retroactive criminal law that works to the disadvantage of a person
Due process clause
Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law
Selective incorporation
The process by which provisions of the bill of rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments
Establishment clause
Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.
Free exercise clause
Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion
Clear and present danger test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that will lead to evil or illegal acts
Prior restraint
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional
Unprotected speech
Libel, obscenity, and fighting words which are not entitled to constitutional protection in all circumstances
Libel
Written defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid
Obscenity
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
Fighting words
Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
Eminent domain
The power of a government to take private property for public use; the U.S. Constitution gives national and states governments this power and requires them to provide just compensation for property so taken
Due process
Established rules and regulations that restrain government officials
Procedural due process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power
Substantive due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do
Search warrant
A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized
Exclusionary rule
Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial
Grand jury
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
Petit jury
A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action
Indictment
A formal written statement from a grand jury charging an individual with an offense; also called a true bill
Plea bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for more serious offense
Double jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution
Civil liberties
Protect individuals from government actions; these liberties are either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers
