Chapter 4: Civil Liberties Flashcards
A court order demanding that an individual in custody be brought into court and shown the cause for detention
Habeas corpus
A law that declares a person guilty of a crime without a trial
Bill of attainder
Laws that declare an action to be illegal after it has been committed
Ex post facto laws
The first 10 amendments to the US constitution, ratified in 1791; they ensure certain rights and liberties to the people
Bill of rights
Areas of personal freedom constitutionally protected from government interference
Civil liberties
The process by which different protections in the Bill of Rights were incorporated to the 14th amendment,
thus guaranteeing citizens protection from the state as well as national governments
Selective incorporation
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
Establishment clause
A rule that states government action toward religion is permissible if it is secular and purpose, neither promotes nor inhibits the practice of religion, and does not lead to “excessive entanglement” with religion
Lemon test
The first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses
Free exercise clause
Used to determine whether speech is protected or unprotected
“Clear and present danger” test
Speech that directly incites damaging conduct
Fighting words
speech accompanied by conduct such as sit-ins, picketing, demonstrations
“Speech plus”
protection of this form of speech under the First Amendment is conditional and restrictions imposed by the state or local authorities are acceptable if properly balanced by considerations of public order
“Speech plus”
An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way;
censorship;
Prior restraint
A written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
Libel
An oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”
Slander
The right of every individual against arbitrary action by a national or state governments
Due process of law
The ability of courts to exclude evidence of change in violation of the 14th amendment
Exclusionary rule
Jury that determines whether sufficient evidence is available to justify a trial;
This jury does not rule on the accused’s guilt or innocence
Grand jury
The fifth amendment right providing that a person cannot be tried twice for the same crime
Double jeopardy
the person under arrest must be informed prior to police interrogation of the right to remain silent and to have the benefit of legal counsel.
Miranda rule
The right of government to take private property for public use
Eminent domain
The right to be left alone, which has been interpreted by Supreme Court to entail individual access to birth control and abortions
Right to privacy
