Civil Liberties Vocab Flashcards
The legal and constitutional protections against the government
Civil liberties
The first 10 amendments to the US Constitution
Bill of rights
The constitutional amendment that establishes the four great liberties; freedom of the press speech religion of assembly
First amendment
The constitutional amendment adopted after the Civil War that states “no state shall make or enforce any law which I will bridge the privileges or immunities of citizens of the United States”
14th amendment
Part of the 14th amendment guaranteeing that persons cannot be deprived of life liberty or property by the United States or state governments without due process of law
Due process clause
The legal concept under which the Supreme Court has nationalize the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment
Selective incorporation
Part of the first amendment stating “Congress shall make no law respecting an establishment of religion”
Establishment clause
The First Amendment provision that prohibits government from interfering with the practice of religion
Free exercise clause
A government preventing material from being published
Prior restraint
The publication of false or malicious statements that damage someone’s reputation
Libel
Nonverbal communication such as burning a flag or wearing an arm band
Symbolic speech
Communication in the form of advertising it can be restricted more than many other types of speech but has been receiving increase protection from the Supreme Court
Commercial speech
The situation occurring when the police have reason to believe that a person should be arrested
Probable cause
Obtaining evidence in a haphazard or random manor. a practice prohibited by the fourth amendment
Unreasonable search and seizures
A written authorization from the court specifying the area to be searched and what the police are looking for
Search warrant
The role that evidence no matter how incriminating cannot be introduced into a trial if it was not constitutionally obtained
Exclusionary rule
A constitutional amendment designed to protect the rights of persons accused of crimes including protection against double jeopardy self-incrimination and punishment without due process of the law
5th amendment
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court
Self-incrimination
A constitutional amendment designed to protect individuals accused of crimes
6th amendment
A bargain struck between the defendants lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state promise not to prosecute the defendant for more serious crime
Plea bargaining
The constitutional amendment for bids cruel and usual punishment although it does not define this phrase
8th amendment
Court sentences prohibited by the eighth amendment other the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional it is not held the death penalty itself constitutes cruel an unusual punishment
Cruel and unusual punishment
The right to a private personal life free from the intrusion of government
Right to privacy
