Chapter 4 + ammendments Flashcards
What are civil liberties?
The constitutional and other legal protections against government actions.
Civil liberties are essential for maintaining individual freedoms in a democratic society.
What is the Bill of Rights?
The first 10 amendments to the U.S. Constitution, defining basic liberties and guaranteeing defendants’ rights.
It includes freedoms such as religion, speech, and press.
What is the incorporation doctrine?
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
This doctrine ensures that state governments also respect individual rights.
What is prior restraint?
Government actions that prevent material from being published.
Confirmed in Near v. Minnesota, usually prohibited by the First Amendment.
Libel
The publication of false and malicious statements that may damage someone’s reputation.
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband.
The Supreme Court has accorded some symbolic speech protection under the First Amendment.
Commercial Speech
Communication in the form of advertis-ing, which can be restricted more than many other types of speech.
Exclusionary Rule
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure.
To pass an amendment you need
two-thirds of both houses of Congress and ratification by three-fourths of the states.
4th amendment
- Protection from unreasonable searches and seizures
5th amendment
- Right to due process, no self-incrimination, no double jeopardy
6th amendment
- Right to a fair, speedy, and public trial
8th amendment
- No cruel or unusual punishment, no excessive bail
10th amendment
- Powers not given to the federal government go to the states/people
12th amendment
- Revises presidential election procedures (President and VP run together)
13th amendment
- Abolishes slavery
14th amendment
- Defines citizenship, guarantees equal protection under the law
15th amendment
- Right to vote can’t be denied based on race
17th amendment
- Direct election of U.S. senators
19th Amendment
- Women’s right to vote
22nd Amendment
- Limits President to two terms
24th amendment
- Bans poll taxes in federal elections
25th amendment
- Presidential succession and disability procedures
26th amendment
- Lowers voting age to 18
Plea barging
A bargain struck between a defendant’s lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or to fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes.
