Chapter 4: Civil Liberties

Question 1

civil liberties

Answer 1

basic political freedoms that protect citizens from gov abuses of power

Question 2

14th amendment

Answer 2

no state shall deprive anyone of liberty w/o due process of law

Question 3

selective corporation

Answer 3

the process through which the civil liberties granted in the bill of rights were applied to the state sons case by space basis throughout the 14th amendment

Question 4

Gitlow v. NY

Answer 4

1st amendment applied to the state of NY bc the 14th amendment says no state shall deprive anyone of liberty w/o due process of law (includes free speech)

Question 5

Fourth Amendment

Answer 5

protects against unlawful search and seizures

Question 6

Mapp v. Ohio

Answer 6

Illegally or unconstitutionally acquired evidence cannot be used in criminal trial bc no state can deprive anyone of property w/ due process

Question 7

good faith

Answer 7

if the police believes that a warrant is not required for a search, or conducts a search w/ a warrant they think is valid, then he police are said to be acting in good faith

Question 8

independent source

Answer 8

if another independent source came across the same evidence legally, then the evidence can be used

Question 9

inevitable discovery

Answer 9

if discovery of the evidence was inevitable, the evidence may be admitted

Question 10

Powell v. Alabama

Answer 10

Boy’s due process was violated bc they were not given adequate time and opportunity to secure the assistance of counsel (they were promised attorney, but only met w/ them once)

Question 11

Gideon v. Wainwright

Answer 11

6th amendment’s right to counsel in criminal cases extends to felonies in state courts bc the founding fathers placed a high value on the right to a proper defense

Question 12

Schenk v. US

Answer 12

not protected under 1st amendment bc clear and present danger

Question 13

Brandenberg v. Ohio

Answer 13

protected under 1st amendment bc direct incitement test (protects threatening speech unless it aims to and is likely to cause imminent lawless action)

Question 14

Miranda v. Arizona

Answer 14

police violated the 5th amendment (did not state rights)

Question 15

Miranda Rights

Answer 15

• you have the right to remain silent
• anything you say can and will be used against you in a court of law
• you have the right to take to a lawyer and have him present w/ you while you are being questioned
• if you cannot afford to hire a lawyer, one will be appointed to represent you before any questions
• you can decide at any time to exercise these rights and not answer any questions or make any statements

Question 16

establishment clause

Answer 16

congress can’t sponsor or favor any religion (part of first amendment)

Question 17

free exercise clause

Answer 17

congress cannot prohibit or interfere with the practice of religion (part of first amendment)