Chapter 4 & 5 Flashcards
Bill of Attainder
an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial
6th Amendment
Right to a speedy trial
14th Amendment
addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War
Establishment clause
the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress
Fighting words
words expressing an insult, especially of an ethnic, racial, or sexist nature
Symbolic speech
in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it
Political speech
Expressions which comment on government action rather than the private conduct of an individual
Hate speech
attacks a person or group on the basis of attributes such as gender, ethnic origin, religion, race, disability, or sexual orientation
Libel
a published false statement that is damaging to a person’s reputation; a written defamation.
Slander
the action or crime of making a false spoken statement damaging to a person’s reputation.
Lemon test
which is used to asses whether a law violates the Establishment Clause.
Habeas corpus
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
Exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Tinker v Des Moines Independent school district
that the students had the right to wear armbands to school to protest the Vietnam War.
Abington School District v Schempp
that legally or officially mandated Bible reading or prayer in public schools is unconstitutional.
Gideon v Wainwright
the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.
Lawrence v Texas
ruled that state laws banning homosexual sodomy are unconstitutional as a violation of the right to privacy
Roth v US
Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendmen
Near v Minnesota
that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.
Barron v Baltimore
The Court established a precedent that the United States Bill of Rights could not be applied to state governments.
Mapp v. Ohio
landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against “unreasonable searches and seizures,” may not be used in state law criminal prosecutions in state courts, as .
Miranda rights
is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal …
Alien and Sedition Act
These laws included new powers to deport foreigners as well as making it harder for new immigrants to vote.
Espionage Act
which prohibited many forms of speech, including “any disloyal, profane, scurrilous, or abusive language about the form of government of the United States … or the flag of the United States, or the .
USA Patriot Act
The 107th Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Interfere and Obstruct Terrorism Act
Military Commission Act of 2006
to authorize trial by military commission for violations of the law of war, and for other purpose
Concept of undue burden
Laws that break fundamental laws
Substantive due process
is a principle allowing courts to protect certain rights deemed fundamental from government interference, even where procedural protections are present or where those rights are not specifically mentioned elsewhere in the constitution
Procedural Due Process
legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property
Self incrimination
is the act of exposing oneself (generally, by making a statement) “to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof.”
Stop and frisk policy
is when police temporarily detain somebody and pat down their outer clothing when there are specific articulable facts leading a reasonable police officer to believe a person is armed and dangerous.
Double jeopardy
the prosecution of a person twice for the same offense.
Plaintiff
a person who brings a case against another in a court of law
Enemy combatants
is a term referring to a person who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor in an armed conflict. Prior to 2008, the definition was: “Any person in an armed conflict who could be properly detained under the laws and customs of war.”
Penumbra
describing implied powers of the federal government.
School vouchers
government-funded voucher redeemable for tuition fees at a school other than the public school that a student could attend free.
