Chapter 8: Civil Liberties Flashcards
Civil Liberties
fundamental rights and freedoms protected from infringement by the government
civil rights
protections from discrimination as a member of a particular group
bill of rights
a list fundamental rights and freedoms that individuals possess. The first 10 amendments to the US Constitution are referred to as the Bill of Rights
due process clause
the clause in the 14th amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards
selective incorporation
the piecemeal process through which the SCOTUS has affirmed that almost all of the protections within the Bill of Rights also apply to state government
establishment clause
1st amendment protection against the government requiring citizens to join to support religion
free exercise clause
1st amendment protection of the rights of individuals to exercise and express their religious beliefs
freedom of expression
a fundamental right affirmed in the 1st amendment to speak, publish, and protest
clear and present danger test
legal standard that speech posing an immediate and serious threat to national security is not protected by the 1st amendment
prior restraint
the suppression of material prior to publicationon the grounds that ti might endanger national security
symbolic speech
protected expression in the form of images, signs, and other symbols
libel
an untrue written statement that injures a person’s reputation
slander
an untrue spoken expression that injures a person’s reputation
obscenity and pornography
words, images, or videos that depict sexual activity in an offensive manenr and that lack any artistic merit
ex post facto laws
laws criminalizing conduct that was legal at time it concurred
bill of attainder
a law passed by Congress punishing an individual without a trial
writ of habeaus corpus
a document setting out reasons for an arrest or detention
procedural due process
a judicial standard requiring that fairness be applied to all individuals equally
warrant
a document issued by a judge authorizing a search
probable cause
reasonable belief that a crime has been committed or that there is evidence of criminal activity
exlusionary rule
a rule that evidence obtained without a warrant is inadmissible in court
grand jury
a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court
double jeopardy
protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction
Miranda Rights
the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity
bail
an amount of money posted as a security to allow the charged individual to be freed while awaiting trial
