Chapter 4 Flashcards
Strict scrutiny
The most stringent standard of judicial review of a governments actions in which the government must show that the law serves a compelling state interest
Miranda rule
The convention derived from the supreme courts 1966 ruling in Miranda v Arizona that persons under arrest must be informed of their legal rights including their right to counsel, before undergoing police interrogation
Establishment clause
The first amendment clause that says “congress shall make no law respecting an establishment of religion” this law means that a wall of separation exists between church and state
Lemon test
Governmental action in respect to religion is permissible of it is secular in purpose, does not lead to “excessive entanglement” with religion, and neither promotes not inhibits the practice of religion
Free exercise clause
The first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses
Clear and present danger
The criterion formerly used to determine whether speech is protected or unprotected based on its capacity to present a clear and present danger to society
Speech plus
Speech accompanied by activities such a 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
An effort by a government agency to black the publication of material it deems libelous of harmful in some other way : censorship
The courts forbid prior restraint except under the most extraordinary circumstances
Libel
A written statement made in “reckless disregard of the truth” and considered damaging to a victim because it’s malicious, scandalous, and defamatory
Slander
An oral statement made in reckless disregard of the truth considered damaging to the victim
Fighting words
Speech that directly incites damaging conduct
Due process
Proceeding according to law with adequate protection for individual rights
Exclusionary rule
The ability of courts to exclude evidence obtained in violation of the fourth amendment
Grand jury
A jury that determines whether sufficient evidence is available to justify a trial
Do not rule on accused guilt or innocence
Double jeopardy
The fifth amendment right providing that a person cannot be tried twice for the same crime
