AP Government Chapter Four Key Terms Flashcards
Civil Liberties
the legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning
Bill of Rights
the first 10 amendments to the US constitution, which define such basic liberties as freedom of religion, speech and press and guarantee defendants’ rights
First Amendment
the constitutional amendment that established the four great liberties; freedom of the press, of speech, of religion, and of assembly
Fourteenth Amendment
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction.”
Due Process Clause
guarantees that persons cannot be deprived of life, liberty, or property b the united states or state governments without due process of law
Incorporation Doctrine
the legal concept of under which the supreme court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the fourteenth
Establishment Clause
states that “congress shall make no law respecting an establishment of religion.”
Free Exercise Clause
Provision that prohibits government from interfering with the practice of religion
Prior Restraint
a government preventing material from being published. Usually unconstitutional, according to the 1st
Libel
the publication of false or malicious statements that damage someone’s reputation
Symbolic Speech
nonverbal communication, such as burning a flag or wearing an armband
Commercial Speech
communication In the form of ads. it can be restricted more than man other types of speech but has been receiving increased protection from the supreme court
Probable Cause
the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence
Unreasonable Search and Seizure
obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th. Probably cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence
Search Warrant
a written authorization from a court specifying the area to be searched and what the police are searching for
Exclusionary Rule
the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained
Fifth Amendment
to protect the rights of persons accused of crimes, including protection against double jeopardy, self incrimination, and punishment without due process of law
Self-Incrimination
the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court
Sixth Amendment
designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial
Plea Bargaining
a bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendants will plead guilty to a lesser crime in exchange for the state’s promise not to prosecute the defendant for a more serious crime
Eighth Amendment
forbids cruel and unusual punishment, although it does not define this phrase
Cruel and Unusual Punishment
court sentences prohibited by the 8th. Death penalty for a worthy crime
Right to Privacy
the right to a private personal life free from intrusion of government
