Ch 4 Flashcards
Bill of attainder
a law that punishes a person accused of a crime without a trial or fair hearing
Sentence: The bill of Attainder allows for punishment without trail
Burger Court
A conservative Supreme Court under Warren Burger
Sentence: The Burger Court existed from (1969-1986)
Civil Liberties
Freedoms to think and act without government interference
Sentence: Our Civil Liberties form part of the First Amendment
Civil Rights
Policies designed to protect people again arbitrary treatment by government officials
Sentence: Our Civil right include the right to vote, to a fair trial, etc….
Clear and Present Danger Test
Law should not punish speech unless there was a clear and present danger of producing harmful actions
Sentence: The Clear and Present Danger Test was articulated in 1919
Due process rights
Procedural guarantees provided by the 4th, 5th, 6th, and 8th Amendments for those accused of crime
Sentence: Every US citizen has the right to Due process rights
Establishment Clause
Clause in the 1st Amendment that says the government may not establish and official religion
Sentence: There is no official religion in the US because of the Establishment Clause
Exclusionary Rule
A rule that provided that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Sentence: The Exclusionary rule states that improperly gathered evidence can’t be used in a trial
Ex Post Facto Law
Law being formed after a crime has been committed
Sentence: Ex Post Facto Law is something that makes an act criminal despite the act being legal when it was committed
Free Exercise Clause
Religious freedom to practice faith including allowing some violations of law for religious purposes
Sentence: The Free exercise clause is a first amendment requirement that the law cannot prevent any exercising of religion
Incorporation Doctrine
The process that was used to nationalize the Bill of Rights
Sentence: The Incorporation Doctrine requires approval form both the state and local government
Libel
A written defamation of a person’s character, reputation, business, or property rights
Sentence: Libel can often been seen in popular magazines
Prior Restraint
Government censorship of information before it is published or broadcast
Sentence: The government realizes the potential damage something can do and does Prior Restraint
Selective Incorporation
The process by which provisions of the Bill of rights are brought within the scope of the 14th Amendment and is later applied to local and state governments
Sentence: Selective Incorporations allows for the government to choose which protections from the Bill of Rights to apply
Slander
Untrue spoken statements that defame the character of a person
Sentence: Slander is often a catalyst for lawsuits