quiz on civil rights Flashcards
basic freedoms to think and to act that all people have and that are protected against government abuse
Civil Liberties
rights of fair and equal status and treatment and the right to participate in government
Government can limit personal liberties (smoking in public)
Civil Rights
can issue rulings when cases are brought to them
courts
following established legal procedures
Due process clause
certain protections are essential to due process of the law-states cannot deny these protections to the people
Selective Incorporation
Rights of the states to form militias to ease fear of a national standing army
Second Amendment
)- government can restrict automatic weapons, sawed-off shotguns and rifles
US v. Miller (1939)-
challenge of Chicago’s strict gun control law
McDonald v. Chicago
forbids the government from housing troops in private houses
3rd Amendment
to show, authorities must explain what evidence they are looking for any why
4th Amendment-Probable Cause
People are secure in their homes, persons, papers, and effects
Search and Seizures
give authorities legal authority to conduct searches- must prove to a judge of probable cause
Search Warrants
evidence obtained illegally may not be used against a person in court
Exclusionary Rule
gives right to privacy
4th Amendment
existence of a “Right to be Left Along”
Olmstead v. United States-
Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut “Comstock law” that prohibited any person from using “any drug, medicinal article or instrument for the purpose of preventing conception.”
Griswold v. Connecticut
that a right to privacy under the due process clause of the 14th Amendment extended to a woman’s decision to have an abortion, but that this right must be balanced against the state’s two legitimate interests in regulating abortions: protecting women’s health and protecting the potentiality of human life.
Roe v. Wade
The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus.
Planned Parenthood v. Casey
forbids the federal government from depriving people of “life, liberty, property”
Fifth Amendment
gives same protections from state governments
14th Amendment
limits the government’s “police power”
Due Process
requires government follow certain procedures before punishing a person
Procedural Due Process
concerns whether the laws are fair and just
Substantive Due Process
covers private disputes between people over property or relationships Mediation
Arbitration
Negotiation
Civil law
system dealing with crimes and their punishments
Criminal law-
grand jury believes there is enough evidence to charge a person with a crime
Bail Capital Punishment
Indictments
legal order requiring that an imprisoned person be brought before a court so that a judge may determine whether or not the imprisonment is legal
Habeas corpus
5th Amendment guarantees that people cannot be tried for most federal crimes
grand juries
5th Amendment allows a person not to give evidence and testimony of themselves
Self-Incrimination-
is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
Miranda Warnings
Speedy and Public
6 amendment
can have bench trials (judge decides the case)
Trial by Jury (6th Amd)
all defendants have the right to be informed of the charges against them
6th amendment
protects from Double jeopardy (stand trial twice for same crime)
5th Amd
No excessive fines
8th amendment
Capital Punishment is Constitutional
Cruel and Unusual Punishments (8th Amd)-
