Unit 10 Flashcards
A legal document authorizing a police officer or other official to enter and search a premises
Search warrant
A law that prohibits the use of illegally obtained evidence in a criminal trial
Exclusionary rule
Reasonable grounds for making a search, pressing a charge etc.
Probable Cause
Necessary in determining a reasonable search and seizure from an unreasonable one
Reasonable expedition of privacy
A limitation placed upon the US congress preventing it from passing legislation respecting an establishment of religion
Establishment clause
Prohibits congress from making any law prohibiting the free exercise of religion
Free Exercise clause
States by Thomas Jefferson. Government will not pick a national religion, can not be carried out without putting a barrier between the church and state because they cannot support a certain religion.
Wall of depression principle
The process of making known one’s thoughts or feelings
Expression
To publish in print, writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his reputation
Libel/Slander
The federal crime of advocacy of insurrection against the government or support an enemy of the nation during the time of war
Sedition
An extremely offensive word or expression
Obscenity
Can also be allies prior censorship; is censorship that is imposed, it prohibits different forms of expression such as speech before it can take place.
Prior Restraint
Sets of amendments that were formed in 1917-1918. The espionage act didn’t allow individuals to express their opinions that dealt with the us military and their involvement with the WWI. made it illegal to speak or write about anything that had to do with the American government and WWI
Espionage and Sedition Acts
A term that describes actions that convey a message or statement
Symbolic speech
The use of misleading statements and misinterpretations of a product
False advertising
Law passed in 1940 that made advocating for the overthrow of government or to be a member of a group with those intentions of a criminal offense.
Smith Act
Used by the Supreme Court to decide the limits on which speech is protecting by the first amendment
Imminent Lawless Action
A doctrine adopted by the Supreme Court of the US to determine under what circumstances limits can be placed on first amendment freedoms of speech press or assembly
Clear and present danger
Fair treatment through the normal judicial system, especially as a citizens entitlement
Due process
The set of statements that police are required to make during an arrest to inform the person before he is questioned when brought into custody.
Miranda Rules
An exception to the exclusionary rule that if an officer obtained items through an illegal search but they had and thought that they were acting legally through a warrant and the warrant was later proven illegal, then the evidence can still be used.
Good Faith exception
When a person that is accused of a crime is forced to confess to the from.
Involuntary confession