Civil Liberties Vocabulary Flashcards
Includes the right to remain silent, the right to have an attorney present during questioning, the right to an attorney if you can’t afford one, and the right to stop answering questions at any time
Miranda warning
Spoken untruths that are hurtful to someone’s reputation
Slander
Freedoms to think and act without government interference or fear of unfair legal treatment
Civil liberties
Government censorship of material before it is published
Prior restraint
This provision of the first amendment prohibits congress from designating any religion in the United States
Establishment clause
A law that punishes a person accused of a crime without a trial or fair hearing in court
Bill of attainder
A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime
Grand jury
Procedures established by law and guaranteed by the constitution
Due process of law
Written untruths that are harmful to someone’s reputation
Libel
States that evidence that is obtained illegally cannot be used at trial
Exclusionary rule
The banning of printed materials or films due to alarming or offensive ideas
Censorship
The practice of using earlier judicial rulings as a basis for deciding cases
Stare decisis
A law that would allow a person to be punished for an action that was not against the law when it was committed
Ex post facto law
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Writ of habeas corpus
Putting someone on trial for a crime which he or she was previously acquitted
Double jeopardy
A court order allowing law enforcement officers to search a suspects home or business and take specific items as evidence
Search warrant
This provision of the first amendment prohibits congress from inferring with someone’s religious beliefs
Free exercise clause
Under this rule, the Supreme Court tries not to overturn its own decisions unless it has a strong reason to do so
Stare decisis
Any criminal offense that is punishable by death
Capitol offense
Supreme Court case that created a special circumstances rule to determine whether or not a poor person would be provided with an attorney
Betts v. Brady
A criminal offense that is punishable by a sentence of more than one year in jail
Felony
Was accused of breaking and entering into the bay harbor poolroom in Panama City, Florida with the intent to commit petty larceny
Clarence earl Gideon
The nine African American defendants that were accused of raping two white women on a train and despite the lack of evidence, eight of them were sentenced to death
Scottsboro boys
Two opposing parties are in charge of presenting all evidence and questioning all witnesses
Adversary system
Attorney that argued on behalf of Clarence earl Gideon in the Supreme Court
Abe Fortas
Mentioned in the 5th and 14th amendment, these are constitutional protections that an individual accused of a crime is guaranteed and the legal procedures that must be followed to ensure fairness
Due process
Supreme Court case that guaranteed the right to counsel in felony cases
Gideon v. Wainwright
A criminal offense that is punishable by a sentence of less than one year
Misdemeanor
The Supreme Court case that guaranteed the right for to legal counsel in any case in which the defendant is faced with the death penalty
Powell v. Alabama
Term for an individual who because of his or her financial situation, cannot afford to hire their own attorney
Indigent
Individual that was charged with robbery and ultimately convicted in Carroll county, Maryland. At his trial he requested an attorney because he could not afford one. The trial judge denied his request and his conviction was later upheld by the United States Supreme Court
Smith betts
Guarantees a number of rights to an individual accused of a crime
6th amendment
A legal motion to bring a case to the Supreme Court from a lower court
Writ of certiorari
Allows a person to proceed in federal court without paying the filing fee of filing multiple copies of printed forms
In forma pauperis
Supreme Court case that guaranteed the right to counsel in all criminal cases including those involving misdemeanors
Argersinger v. Hamlin
Supreme Court case that stated that the bill of rights only applied to the federal government not to the states
Barron v. Baltimore
