Chapter 4 Flashcards
civil liberties
the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.
due process clause
The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
incorporation
Incorporation is making something part of a whole. The incorporation of egg yolks into a hot liquid must be done slowly so the eggs don’t curdle. Incorporation can also refer to making a company a legal corporation, and the “Inc.” after many company names stands for “Incorporated.”
establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.
free excercise clause
The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. The wording in the free-exercise clauses of state constitutions that religious “[o]pinion, expression of opinion, and practice were all expressly protected” by the Free Exercise Clause.[
separationist
separationist - an advocate of secession or separation from a larger group (such as an established church or a national union) separatist. church service, church - a service conducted in a house of worship; “don’t be late for church”
accomodationist
a person who seeks compromise with an opposing point of view, typically a political one.
lemon test
Lemon test refers to the process of determining as to when a law has the effect of establishing religion.
strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government’s interest against a constitutional right or principle.
clear and present danger test
Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly.
reasonable time, place, and manner restrictions
The freedom of speech is not absolute; the Supreme Court of the United States has recognized several categories of speech that are excluded from the freedom, and it has recognized that governments may enact reasonable time, place, or manner restrictions on speech.
symbolic speech
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.
prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
reporter’s privilege
Reporter’s privilege in the United States (also journalist’s privilege, newsman’s privilege, or press privilege), is a “reporter’s protection under constitutional or statutory law, from being compelled to testify about confidential information or sources.”
press shield law
A shield law is law that gives reporters protection against being forced to disclose confidential information or sources in state court. There is no federal shield law and state shield laws vary in scope.
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
warrant
a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
double jeopardy
the prosecution of a person twice for the same offense.
risk or disadvantage incurred from two sources simultaneousl
compelled self incrimination
Definition. The act of implicating oneself in a crime or exposing oneself to criminal prosecution. Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself.
miranda v. arizona
A U.S. Supreme Court case in which the Court established the rights of a criminal suspect who has been arrested or is otherwise not free to leave. These rights are the right to remain silent, the right to have a lawyer present during questioning, the right to a court-appointed attorney if the suspect cannot afford one, and the warning that anything the suspect says can be used in court. To use a confession or admission in court, the prosecution must prove the suspect knowingly waived those rights, and thus the rights should be read or recited to the suspect. These became known as the Miranda rights or Miranda warnings.
confrontation
a hostile or argumentative meeting or situation between opposing parties.
compulsory process
The Compulsory Process Clause of the Sixth Amendment to the United States Constitution allows defendants in criminal cases to secure witnesses in their favor through the issuance of a court-ordered subpoena.
trial by jury
jury trial. n. a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury. This is distinguished from a “court trial” in which the judge decides factual as well as legal questions, and makes the final judgment.
bench trials
A bench trial is a trial by judge as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offence, so as to distinguish as to the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.
plea bargaining
an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency.
capital punishment
the legally authorized killing of someone as punishment for a crime.
right to privacy
Definition of RIGHT OF PRIVACY. : the qualified legal right of a person to have reasonable privacy in not having his private affairs made known or his likeness exhibited to the public having regard to his habits, mode of living, and occupation.
