Chapter 4- Civil Liberties Flashcards
Actual Malice
Making a statement that is false or was made without regard to whether it was false or not
Bifurcated trial
A type of trial required to administer the death penalty in many states. In the first stage guilt is determined normally. In the second stage deals with whether the crime deserves the death penalty.
Clear and present danger
Determines whether free speech protects a statement. If statement is determined to caus clear and present danger it is not protected
Compulsory self-incrimination
Basically what is commonly called the right to remain silent,
Double jeopardy
When you are charged a second time for a crime you were proven not guilty for
Exclusionary rule
Prevents the use of illegally obtained evidence in a trial
Expressive conduct
Synonymous with symbolic speech. Wearing a political button or holding a sign are basic examples
Fighting words
Direct personal insults likely to incite violence. Not protected by free speech
Freedom of association
The right to associate with People of one’s choosing. Freedom to join political parties of one’s choosing.
Grand jury
A jury of inquiry, who are summoned to criminal court to hear the evidence, complaints, and accusations in criminal cases. They vote whether to issue a bill of indictment.
Imminent lawless action
Is not protected by free speech. What inciting a lawless action through speech is called.
Indictment
An accusation in writing found and presented by a grand jury. A formal written accusation originating with a prosecutor and issued by a grand jury against a party accused of a crime.
Miller test
Defines obscenity. To be obscene under test, work must be obviously offensive. Second it must appeal to a prurient interest in sex. Finally, it must lack any redeeming quality.
Probable cause
Required to issue a warrant. Having more evidence for a case than against.
Reasonable time, place, and manner regulations.
Prevents assembly unless it is at a time and place decided by the government. Also allows cancellation of assembly if manner is unsavory.
Right of privacy
A generic term encompassing various rights recognized to be inherent in concept of ordered liberty. While there is no right of privacy written in constitution, the Supreme Court has recognized that certain zones can be regarded as private.
Search warrant
4th amendment provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized”
Selective incorporation
Policies of state and local governments are now subject to judicial scrutiny under the same standards that the bill of rights imposes on the federal government.
Subpoena
It’s a command to appear at a certain time and place to give testimony upon a certain matter.
Symbolic speech
A persons conduct which expresses opinions or thoughts about a subject and which may or may not be protected by the first amendment.
