Unit 5 - civil liberties and rights Flashcards
civil liberty - const. + bill of rights
fundamental rights and freedoms protected by gov.
civil rights - legislation + amendments
protections against discrimination and unequal treatment by the gov./individuals
judicial restraint
constitutional interpretation that justices should be cautious overturning laws
judicial activism
constitutional interpretation that justices should wield the power of judicial review, sometimes creating NEW policy
article III
judge’s terms for life, treason, right to jury trial
habeus corpus
court ordered that requires law enforcement to produce a prisoner or justify confinement
expost facto laws
retroactively changes legal consequences of actions that were committed before the law was enacted
trial by jury
needs fair trial
equal protection clause
requires states to treat all citizens alike with regard to application of laws
selective incorporation
states must protect citizens’ fundamental liberties
before search, what is needed? (4th amendment)
probable cause
procedural due process, 5th amendment
grand jury, double jeopardy, self-incrimination, Miranda rights
6th amendment
speedy trial
8th amendment
prohibition of excessive bail, death penalty remains contentions
free exercise clause
1st amendment protection of rights of individuals to express religion