Definitions Flashcards
Probable cause
requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant.
1964 Civil Rights Act
prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal.
1965 Voting Rights Act
outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting.
“Letter from Birmingham Jail”
from the Birmingham jail, where he was imprisoned as a participant in nonviolent demonstrations against segregation, Dr. Martin Luther King Jr., wrote a letter back to the eight white religious leaders of the South.
Due process
means that a citizen who will be affected by a government decision must be given advance notice of what the government plans to do and how the government’s action may deprive them of life, liberty, or property.
outlined in the 5th and 14th Amendments.
the 6th Amendment adds due process protections to criminal defendants.
Incorporation
a constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to the states through the due process clause of the Fourteenth Amendment.
Selective Incorporation
makes the first ten Amendments of the Constitution binding to the states.
Writ of Habeas Corpus
“You have the body.”
Federal courts can use the writ of habeas corpus to determine if a state’s detention of a criminal is valid.
Judicial Activism
the political view that courts are best positioned to develop law through the interpretation of statutes in light of the US or State Constitutions and current public sentiment.
The judiciary plays an important role in upholding and promoting the rights of citizens in a country. The active role of the judiciary in upholding the rights of citizens and preserving the constitutional and legal system of the country is known as judicial activism.
Justices strike down laws they find unconstitutional.
Ex: Brown v. Board of Education
Judicial Restraint
the political view courts should refrain from issuing opinions that expand or change the nature of an existing law unless absolutely necessary.
Miranda Rights
Miranda v. Arizona established the Miranda Rights.
“You have the right to remain silent.” “You have the right to an attorney.”
5th and 6th Amendments protect Miranda Rights.
Right to privacy
First, third, fourth, fifth, ninth, and fourteenth Amendments protect the right to privacy (which is not explicitly listed in the Constitution).
