chapter 4- Civil Liberties and Public Policy Flashcards

1
Q

Bill of rights

A

The first 10 Amendments outlining out civil liberties. (E.g. Freedom of religion, speech, and press and guarantee defendants’ rights)

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2
Q

First Amendment

A

Outlines freedom of the press, speech, religion, and assembly.

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3
Q

14th Amendment

A

(Adopted after Civil War) outlines the idea that people’s right shall never be taken away by any means without due process, everybody deserves the equal amount of rights.

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4
Q

Due process clause

A

Part of 14th amendment- says a person can be discriminated in any way without due process of law

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5
Q

Incorporation doctrine

A

The Supreme Court made the idea of the 14th Amendment applicable to everyone

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6
Q

Establishment clause

A

Part of First Amendment - says congress cannot make a law that hinders our freedom of religion

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7
Q

Prior restraint

A

When the gov’t does not allow material from being published (not allowed by first amendment and was confirmed in NEAR V MINNESOTA)

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8
Q

Libel

A

The publication of shady things that can ruin someone’s reputation

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9
Q

Symbolic speech

A

Things you do to make a point such as wearing a swastika in public, or wearing the KKK uniform, or burning a flag. You will be protected under the first amendment.

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10
Q

Commercial speech

A

Communication in the form of advertising, which can be restricted more than many other types of speech

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11
Q

Problem cause

A

The situation where the police have a reasonable suspicion for whether they should be arrested

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12
Q

Unreasonable searches and seizures

A

Prohibited by the 4th amendment - does not allow anybody to search or take your property, unless they have a search warrant

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13
Q

Search warrant

A

A court authorization letting them search you

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14
Q

Exclusionary rule

A

If this evidence wasn’t constitutionally mentioned then it does not exist… ( eg no search warrant, no evidence )

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15
Q

Fifth Amendment

A

Protection against crimes such as double jeopardy, self incrimination, and punishment w/o due process

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16
Q

self- incrimination

A

When the person being accused is their own witness against themselves in court.

17
Q

Sixth Amendment

A

Protect people being ACCUSED of crimes. ( E.G. The right to counsel, the right to confront witness, and the right to a speedy and public trial)

18
Q

Plea bargaining

A

A bargain between the defendants lawyer and and the prosecutor in which they give the defendant lesser punishment in exchange for a more terrible and numerous crimes

19
Q

Eight Amendment

A

Forbids cruel and unusual punishment

20
Q

Cruel and Unusual Punishment

A

Court sentence prohibited by the 8th amendment

21
Q

Right to privacy

A

Right to privacy, free from gov’t intrusion

22
Q

Civil Liberties

A

Our constitutional rights that protects us against some gov’t power. They can be found in the Bill of Rights.