Chap 4: Civil Liberties Flashcards
civil liberties
protections from improper gov’t action
determine what gov’t may/may not do to restrict individual freedom
civil rights
protections of citizen equality by the gov’t
habeaus corpus
article 1 section 9
a legal recourse through which a detained individual can request the court order the individual’s detainee to bring the individual in custody into court and be shown the cause for detention
suspended only in cases of rebellion or invasion
Bill of Rights
first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people
Selective Incorporation
process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments
establishment clause
First Amendment clause that says “Congress shall make no law respecting an establishment of religion”; this constitutional provision means that a “wall of separation” exists between church and state
free excercise clause
First Amendment clause that protects a citizen’s right to believe and practice whatever religion they choose
establishment clause interpretation 1
the national government is prohibited from establishing an official church
establishment clause interpretation 2
government may provide assistance to religious institutions or ideas as long as it does not take sides or show favoritism among them
establishment clause interpretation 3
“wall of separation” between church and state
the “Lemon” test
test used by US courts to determine if governmental action violates the Establishment clause or removes the barrier between church and state
“clear and present danger” test
used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society
fighting words
speech that directly incites damaging conduct
“speech plus”
speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
prior restraint
effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances
shield laws
libel
written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
slander
oral statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
due process of law
the right of every individual against arbitrary action by national or state governments
exclusionary rule
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment
grand jury
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence
double jeopardy
Fifth Amendment right providing that a person cannot be tried twice for the same crime
Miranda Rule
requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
jurisprudence
