Chapter 11 Flashcards
civil liberties
include all of the fredddoms and protections provided by the Constitution of the United States–those found in the Bill of Rights as well as other parts of the Constitution
civil rights
the rights of individuals to be free of discriminatory treatment, both public and private, based on such characteristics as race, national origin, or gender
bill of attainder
a law that declares an individual or a group guilty of a crime and imposes punishment without the benefit of a trial in a court.
ex post facto law
one which is “passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed.
habeas corpus
allos an incarcerated person to challenge in court the leagality of that incarceration
religious tests
Article VI of the Constitution prohibits the federal government from requiring these for public office
due process clause
protects people from having their life, liberty, or property taken away without following certain procedures
selective incorporation
a constitutional doctrine that applies the Bill of Rights to the states on a case-by-case basis. The Supreme Court uses this process to limit state laws that infringe on civil rights
First Amendment
protects freedom of speech, freedom of the presss, the right to peaceably assemble, and the right to pettition the government for redress of grievances
freedom of expression
the right to share ideas and opinions without fear of punishment or retaliation from the government
symbolic speech and symbolic actions
extended protection of the freedom of expression, often called speech plus
censorship
requires government approval prior to publication
clear and present danger test
that no one has the right to falsely “shout ‘fire’” in a crowded theater
obscenity, defamation, and fighting words
not protected by the First Amendment
free exercise clause
the freedom of religion–the freedom to worship as one sees fit, or not to worship at all
establishment clause
prohibits governments from endorsing a particular religion
lemon test
three part test that the Supreme Court used to determine if a law violated the Fist Amendment’s Establishment clause
the government’s policy under review must have a secular purpose, must have a primary effect that neither advances nor inhibits religion, and must avoid excessive entanglement between the state and religion
Second Amendment
gives the people the right to bear arms
Fourth Amendment
protects individuals from unreasonable searches and seizures
in this context, a search is a governmental intrusion into a person’s reseasonable expectation of privacy
search warrants
must be supported by probable cause, must particularly describe the place to be searched and the persons or things to be seized, and must include the oath or affirmation by the government agent
probable cause to search
sufficient information to lead a reasonable officer to conclude that the particularly described evidence is located on the particularly described premises
Particularity
means enough detail to indicate what to search for and where to search for it
oath or affirmation
the officer’s sworn statement that the information contained in the application for the warrant is, to the best of the officer’s knowledge and understanding, truthful and correct
exclusionary rule
evidence seized in violation of the Fourth Amendment is inadmissible to prove the guilt of the individual whose rights were violated
good faith exception
the contested evidence is admissible if the officer exhibited objective good faith, such as reasonably relying on a properly issued warrant that is later determined by a higher court to be constitutionally deficient
Fifth Amendment
the privilege against self-incrimination and the protection against double jeopardy
privilege against self-incrimination
means that an individual may not be force to provide testimonial evidence that could lead to his or her criminal prosecution
custodial interrogation
when law enforcement questions someone who is detained or restrained. This can occur in a police station, jail, or other location
public safety exception
the requirement of hte warnings may have to yield untl the danger to the public is neutralized
double jeopardy clause
prohibits multiple prosecutions for the same offense. A state could not prosecute a criminal defendant over and over for the dame crime in hopes of finally getting a conviction or of obtaining a harsher punishment than what was previously imposed
same offense
the Fifth Amendment prohibits multiple prosecutions for the _____
dual sovereignty
two separate offenses are committed, even if there is only one transaction, if the defendant vilates the laws of two sovereigns
eminent domain
an implied power that allows states to condemn private property and take it from unwilling sellers
takings clause
requires the taking to be for a public use and that just compensation be paid for the property
grand jury
a group of people summoned by the state to consider evidence against someone charged with a crime
indictment
a formal charge or accusation of a serious crime
true bill
a bill of indictment found by a grand jury to be supported by sufficient evidence to justify the hearing of a case
sixth amendment
include the right to counsel, the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to confront the accuser, and the right to compulsory process
indigent defendant
one unable to pay for a lawyer
felony
a crime punishable by a fine and/or a year or more in prison
misdemeanor
a crime punishable by a fine and/or up to twelve months in jail
Federal Speedy Trial Act of 1974
requires that a trail commences within 100 days of an arrest or receipt of a summons
seventh amendment
provisions for civil cases
confrontation clause
entitles a defendant to confront the accusers, Usually this clause means a physical, face-to-face confrontation in court, but this this not always required
right to compulsory process
gives the defendant the power to subpoena witnesses to testify
subpoena
a summons by a court to appear and testify
eigth amendment
includes protections against excessive bail. excessive fines, and cruel and unsual punishment
Fourteenth amendment
one of the Civil War amendments designed primarily to promote and protect the rights of former slaves.
distinct clauses:
the privileges and immunities clause
the due process clause
the equal protection clause
privileges and immunities clause
prohibits the states from abridging the rights of U.S. Citizens
due process clause
prohibits the states from depriving any person of life, liberty, or property without due process of law
Substantive due process
protects individuals from arbitrary, unreasonable, and capricious state actions
Procedural due process
relates to steps or procedures required to protect an individual’s substantive due process rights
Ninth Amendment
“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people”
rational basis test
in cases involving alleged discrimination pursuant to various social and economic policies
strict scrutiny test
in cases involving suspect classifications and fundamental rights
(in this context, a classification simply means the grouping of people. If that grouping is based on race or national origin, it is inherently suspect and the Court will “scrutinize” it very closely. Under this test, the law is presumptively unconstitutional, no judicial deference is forthcoming, and the state has the burden of demonstrating that the classification is necessary to achieve a compelling government interest.)
quasi-suspect classifications
the Court has more recently crafted an intermediate or heightened level of scrutiny in cases involving ______ such as gender and illegitimacy
under this test, the level of judicial scrutiny and the corresponding degree of difficulty for the state falls somewhere between rational basis and strict scrutiny
Fifteenth Amendment
prohibits states from abridging the right to vote on the basis of race
Nineteenth Amendment
prohibits states from abridging the right to vote on the basis of gender
Twenty Sixth Amendment
prohibits states from abridging the right to vote of citizens who are eighteen years of age or older
Title VI of hte Civil Rights Act of 1964
bans racial discrimination in any program or activity receiving federal funding
Title IX of hte Education Amendments of 1972
prohibits sex discrimination by educational programs or activities that receive federal financial assistance
Section 504 of the Rehibilitation Act of 1973
bars federally funded programs from discriminating against an individual solely on the basis of that individual’s handicap
Equal Pay Act of 1963
prohibits gender discrimination in the form of unequal pay for comparable work
Title VII of the Civil Rights Act of 1964
forbids employment discrimination, such as refusal to hire or promote, on the basis of race, sex, religion, or national origin
Age Discrimination in Employment Act of 1967
protects workers forty and older from discriminatory actions
Title VIII of the Civil Rights Act of 1968
prohibits discrimination in housing and other public accommodations on the basis of such considerations as race, sex, national origin, or religiion
Americans with Disabilities Act of 1990
designed to eliminate barriers to persons with disabilities in such areas as employment, educaiton, transportation, and other public services
Voting Rights Act of 1965
attacked racial discrimination in voting
voided artificial barriers to voting, such as the baffling and unfathomable literacy tests that many southern states required potential voters to pass. It also contained provisions for monitoring voter registration processes and election-day practices
affirmative action
a public policy originally designed to eliminate employment barriers for minorities and women
Indian Civil Rights Act of 1968
grants individuals many of the freedoms and protections found in the Bill of Rights and the Fourteenth Amendment
