US Chapter 3 Flashcards
Affirmative action
Positive steps taken by public or private institutions to overcome the remaining effects of racial or sexual bias
Bill of attainder
A law that punishes an individual and bypasses the procedural safeguards of the legal process–prohibited by the Consitution
Brown v. Board of Education of Topeka
Landmark Supreme Court decision (1954) that overturned the separate-but-equal standard of Plessy v. Ferguson (1896) and began an end to racial segregation in public schools
Capital case
A criminal proceeding in which the defendant is on trial for his or her life
Civil Rights Act of 1964
Comprehensive legislation to end racial segregation in access to public accommodations and in employment in the public and private sectors
Clear and present danger test
Guideline devised by the Supreme Court in Schenck v. United States (1919) to determine when speech could be suppressed under the First Amendment
Comparable worth
An employment policy designed to overcome the economic inequities of sexual discrimination, that mandates persons holding jobs of equal responsibility and skill be paid the same
Cruel and unusual punishment
Prohibited by the Eighth Amendment–at issue in capital cases
De facto segregation
Programs or facilities that are racially segregated by private choice or private discrimination, not because of law or public policy
Eighth Amendment
The part of the Bill of Rights that prohibits “cruel and unusual punishments” and that is often at issue in death penalty cases
Equal protection clause
Part of the Fourteenth Amendment that is the source of many civil rights, and declares that no state shall deny to any person “the equal protection of the laws”
Equality of condition
A standard, beyond equality of opportunity, which requires policies, such as redistribution of income and other resources, that seek to reduce or eliminate the effects of past discrimination
Equality of opportunity
A standard that calls for government to remove barriers of discrimination, such as segregation laws or racially exclusive hiring practices that have existed in the past
Equality of result
A standard, beyond the equality of condition, which requires policies such as affirmative action or comparable worth, that places some people on an equal footing with others
Establishment clause
Provision of the First Amendment barring government support of religion
Ex post facto laws
Laws that make an act a crime after it was committed or increase the punishment for a crime already committed–prohibited by the Constitution
Exclusionary rule
Rule developed in the case Mapp v. Ohio (1961) that prevents the state from bringing evidence against a defendant when that evidence was obtained illegally
Felony
A serious criminal offense, usually punishable by more than one year in prison
First Amendment
The part of the Bill of Rights containing protections for political and religious expression
Fourteenth Amendment
Ratified in 1868, the amendment altered the nature of the union by placing significant restraints on state governments
Fourth Amendment
Part of the Bill of Rights that prohibits unreasonable searches and seizures of persons and their property
Free exercise clause
Provision of the First Amendment guaranteeing religious freedom
Incitement test
The Court’s current test for First Amendment restrictions that asks whether a speech act attempts to or is likely to incite lawless action
Legal guilt
The concept that a defendant’s factual guilt be established in accordance with the laws and the Constitution before criminal penalties can be applied
Lemon test
A standard announced in Lemon v. Kurtzman (1971) to determine when a statute violates the establishment clause
Libel
Defamation of a person’s character or reputation, not protected by the First Amendment (New York Times Co. v. Sullivan 1964)
Miranda rights
Requirements announced in Miranda v. Arizona (1966) to protect a suspect during a police interrogation
Misdemeanor
Less serious criminal offense, usually punishable by not more than one year in jail
NAACP
National Association for the Advancement of Colored People: an organization founded to improve the social, economic, and political condition of African Americans
Nineteenth Amendment
Amendment ratified in 1920 that prohibits limitations on voting based on sex
Ninth Amendment
Part of the Bill of Rights that cautions that the people possess rights not specified in the Consitution
Obscenity
As applied by the Supreme Court, certain pornographic portrayals of sexual acts are not protected by the First Amendment (Miller v. California 1973)
Plea bargain
A deal with the prosecutor to obtain fewer or lesser charges or a lighter sentence
Presumption of innocence
A concept in criminal procedure that places the burden of proof in establishing guilt on the government
Prior restraint
Official censorship before something is said or published, or censorship that halts publication already under way is usually unconstitutional today under the First Amendment
Probable clause
A standard used in determining when police can conduct arrests and searches
Roe v. Wade
Supreme Court decision (1973) establishing a constitutional right to abortion
Separate-but-equal doctrine
The standard announced by the Supreme court in Plessy v. Ferguson in 1896 that allowed racially separate facilities as long as the facilities were equal (Overturned by Brown v. Board of Education in 1954)
Sixth Amendment
Provision of the Bill of Rights assuring, among other things, the right to counsel
Symbolic speech
A speech act that centers on action or performance to communicate a point rather than on words
Thirteenth Amendment
The first of the Civil War amendments to the Constitution, adopted in 1865, banned slavery throughout the United States
Voting Rights Act of 1965
Major legislation designed to overcome racial barriers to voting, primarily in the southern states, which was extended again in 2006 for 25 years
Warrant
Official authorization for government action
De jure segregation
Programs or facilities that are racially segregated because of law or public policy
Personal Autonomy
Government should leave people alone in their choices about sexual relationships
