Unit 3: Civil Liberties and Civil Rights Flashcards
civil liberties
rights given in the constitution
civil rights
laws passed to protect people’s rights
establishment clause
1st Amendment, states the gov. cannot establish a religion
free exercise clause
1st Amendment, people are free to exercise their religion
-except cannot harm people or do anything illegal
equal protection clause
14th amendment, people are protected equally under the law
due process clause
5th amendment, prohibits the state governments from depriving any person of life, liberty, or property without due process of law.
clear and present danger test
1st amendment, if someone does something that is a danger to the county they are banned from doing it
incorporation doctrine
a constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
3rd amendment
no soldier is allowed to stay at someones house
4th Amendment
right to privacy, prohibits Americans from getting their homes/things searched without a warrant
5th Amendment
protects people from being punished more than once for the same crime
-if found innocent of a crime, you cannot be put on trial for that same crime again
-forbids self-incrimination: an individual, acussed of a crime, acts as a witness for themselvesaccused
6th Amendment
guarantees criminal defendants the right to an attorney and the right to a speedy trial
-Miranda Rights: police must inform suspect of thier rights, officer can delay reading or failure to read if officer is acting in the name of public safety
exclusionary rule
6th amendment, A legal doctrine that bars the use of illegally obtained evidence in court
7th Amendment
the right to a jury trial in federal civil court cases, civil cases can go to a jury court
8th Amendment
protects criminals against excessive fines, bail, and cruel or unusual punishment