Ch.4 Civil Liberties Flashcards
Bill of Rights
The first 10 amendments to the U.S. constitution, ratified in 1791; they ensure certain rights and liberties to the people
Civil Liberties
Protections from improper government action and listed in the bill of rights
Commercial Speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increase protection from the Supreme Court
Cruel and Unusual
Court sentences has prohibited by The Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional Oh, it has not held the death penalty itself constitutes cruel and unusual punishment.
Eighth Amendment
The Constitutional Amendment that forbids cruel and unusual punishment, although it does not. Define this phrase. Through the 14th Amendment, this Bill of Rights provision applies to the states.
Establishment clause
The first amendment clause that says that “Congress shall make no law respecting an establishment of religion.” This law means that a “wall of separation” exists between church and state
Exclusionary rule
The ability of courts to exclude evidence obtained in violation of the Fourth Amendment
Fifth Amendment
The Constitutional Amendment designed to protect the rights of persons accused of a crime, including protection against double jeopardy, self incrimination, and Punishment without due process of law
First amendment
The Constitutional Amendment that sells has the four Great Liberties freedom of press, of speech, religion, and assembly.
Free exercise clause
The first Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses
Incorporation Doctrine
The legal concept under which a supreme court has nationalized the Bill of Rights by making most of its Provisions applicable to the states through the 14th Amendment.
Libel
A written state made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
Plea bargaining
A bargain struck between the defendant’s lawyer and the prosecutor to the fact that the defendant will plead guilty to a lesser crime or fewer crimes in exchange for the state’s promise not to prosecute defendant for a more serious crime.
Prior restraint
An effort by government agency to block the publication of material it deems libelous or harmful in some other way; censorship
Probable cause
The situation occurring when the police have reason to believe that a person should be arrested. And make an arrest, police are allowed legally to search for and seize incriminating evidence.
