Chapter 5 Flashcards
laws unde3r which specific persons or groups are detained and sentenced without trial.
Bills of attainder
citizenship rights guaranteed to the people and protected by the govt. (13-15th, 20+25th amendments)
Civil Rights
freedom of speech/can’t harm others.
Freedom of expression
1st amendment guarantee that the govt. will not create and support and official state church.
establishment clause
1st amendment guarantee that citizens may freely engage in the religious activities of their choice.
free-exercise clause
right of an accused person to be brought before a judge and informed of the charges and evidence against him or her.
habeas corpus
supreme court making the protections of the bill of rights applicable to the states.
incorporation
censorship of or punishment for the expression of ideas before the ideas are printed or spoken
prior restraint
incorporation of rights by a case-by-case basis.
selective incorporation
actions that convey a message (burning a flag or draft card, marching in a parade) partially protected in the 1st amendment. Gitlow v. New York
symbolic speech
No person shall… be deprived of life, liberty, or property, without due process of law; laws must be carried out fairly to all
due process clause (of the 14th amend.)
Right to be left alone except for reasonable public interest in a person’s activities; no search and seizure without probable cause (4th amend)
Right to Privacy
individual freedoms guaranteed to the people primarily by the bill of rights
Civil Liberties
freedom of religion, speech, press;right to bear arms; right to privacy; right to speedy trial; (1st 10 amendments)
Bill of Rights
states must respect all the legal rights guaranteed to criminals.
Due process of law
laws that criminalize a action after it occurs
Ex post facto laws
speech intended to incite violence
Fighting words
people are free to come together and express, defend, discuss their ideas
Freedom of assembly
rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action
imminent lawless action test
speech intended to incite rebellion
sedition
supporters of separation of church and state
separationists
the legally authorized killing of someone as punishment for a crime
Capital punishment
From Alabama; served on supreme court, democrat, held segregation in public schools unconstitutional; preferred strict reading of the constitution.
Hugo Black
the rate or frequency at which people are confined in prison.
Incarceration rate
