civil liberties Flashcards
Amendments protecting the Accused
4th, 5th, 6th, 8th
the judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial
Exclusionary Rule
Forbids the police to conduct searches and seizures without probable clause
4th amendment
Protects against double jeopardy, self-incrimination, loss of life, liberty, and property without due process of law
5th amendment
right to have legal counsel, to confront witnesses, speedy trial and trial by ‘jury of peers’ in criminal proceedings
6th amendment
Protection against excessive bails/fines, cruel and unusual punishments
8th amendment
Bad Tendency test
Gitlow vs New York
Specific individual rights that are constitutionally protected against gov’t infringement
Civil Liberties
clear and present danger
Schenck vs US
different kinds of speech that have been given different kinds of protections
Commercial speech and Market Place of Ideas
established standards for governing obscenities
Miller vs California
government cannot censor or otherwise prohibit a publication in advance
Near vs Minnesota
established a constitutional right to privacy
Griswold vs Connecticut
ruled a Texas law outlawing abortion as unconstitutional
Roe vs Wade
established the “good faith exception”
U.S. vs Leon
struck down a state program that would have helped pay the salaries of teachers hired by parochial schools to give instructions in secular subjects
Lemon vs Kurtzman
case established statements that police are required to make to a person before that person is subject to in-custody questioning
Miranda vs Arizona