Ch.8 Vocab Flashcards
Civil Liberties: protecting Fundamental Freedoms
Fundamental rights and freedoms protected from infringement by the government
civil liberties
protections from discrimination as a member of a particular group
civil rights
a list of fundamental rights and freedoms that individuals possess (aka. the first 10 amendments)
bill of rights
(14th Amendment) restricts state government’s from denying citizens their natural rights (life, liberty, property) without legal safeguards
due process clause
the piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state government
selective incorporation
(1st Amendment) protection against the government requiring citizens to join or support a religion
establishment clause
(1st Amendment) protection of the rights of individuals to exercise and express their religious beliefs
free exercise clause
(1st Amendment) a fundamental right to speak, publish, and protest
freedom of expression
legal standing that speech posing an immediate and serious threat to national security isn’t protected by the 1st Amendment
clear and present danger
the suppression of material prior to publication on the grounds that it might endanger national security
prior restraint
protected in the form of images, signs, and other symbols
symbolic speech
an untrue, written statement that injures a person’s reputation
libel
an untrue, spoken expression that injures a person’s reputation
slander
words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic maerit
obscenity and pornography
laws criminalizing conduct that was legal at the time it occured
ex post facto laws
a law passed by Congress punishing an individual without a trial
bills of attainder
a document setting out reasons for an arrest or detention
write of habeas corpus
a judicial standard requiring that fairness be applied to all individuals equally
procedural due process
a document issued by a judge authorizing a search
warrant
reasonable belief that a crime was committed or that there is evidence of criminal activity
probably cause
a rule that evidence obtained without a warrant is inadmissible in court
exclusionary rule
a group for citizens who, based on the evidence presented it them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court
grand jury
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction
double jeopardy
the right to remain silent and to have an attorney present during questioning
- these rights must be given by police to individual suspected of criminal activity
Miranda Rights
an amount of money posted as a security to allow the charged individual to be freed while awaiting trial
bail