Vocab- civil Liberties Flashcards
Bill of rights
The first 10 amendments to the U.S. Constitution drafted in response to some of the anti-federalist concerns
these amendments define such basic liberties as freedom of religion, speech, and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer
Establishment clause
Parts of the first amendment stating that Congress shall make no law respecting an establishment of religion
Free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion
Prior restraint
The government’s preventing material from being published
this is a common method of limiting the press in some nations, but is usually unconstitutional in the United States according to the First Amendment
confirmed in the 1931 Supreme Court case of Near v. Minnesota
Symbolic speech
Nonverbal communication such as burning a flag or wearing an armband the Supreme Court has accorded some symbolic speech protections under the First Amendment
Libel
The publication of false or malicious statements that damage someone’s reputation
Slander
the action or crime of making a false spoken statement damaging to a person’s reputation.
Due process
fair treatment through the normal judicial system, especially as a citizen’s entitlement.
Reasonable suspicion
legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than a ‘hunch’”; it must be based on “specific and articulable facts
Probable cause
The situation occurring when the police have reason to believe that a person should be arrested and making the rest police are allowed to legally search for and sees incriminating evidence
Unreasonable searches and seizures
Obtaining evidence in a haphazard or random manner (a practice prohibited by the 14th amendment)
both probable cause and a search warrant are required for legal and proper search for and seizure of incriminating evidence
Search warrant
A written authorization from the court specifying the area to be searched and what the police are searching for
Exclusionary rule
The rules that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained
the rule prohibits evidence obtained through unreasonable searches and seizures
Plain view rule
allows an officer to seize – without a warrant – evidence and contraband found in plain view
Good faith exception
exception to exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced if the mistake was made in good faith
(of all the parties involved had reason at the time to believe that the warrant was proper).
Protections afforded to the accused in the 5th amendment
And indictment of a grand jury
double jeopardy
self-incrimination
deprived of life liberty or property without due process of law
eminent domain (private property taken away without compensation)
Protections afforded to accused in 6th amendment
Speedy and public trial impartial jury change of venus Face accusers Question witnesses Question witnesses in his favor assistance of counsel for defense Know charges- writ of Habeas corpus
Protections in eighth amendment
No excessive bales or fines or cruel and unusual punishments
Self incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court
fifth amendment forbids self-incrimination
Right to privacy
the right to a private personal life free from intrusion of government
the right to privacy is implicitly protected by the Bill of Rights
Due process clause of 14th amendment
part of the 14th amendment guaranteeing that person’s cannot be deprived of life liberty or property by the United States and state governments without due process of law
Incorporation doctrine
The legal concept under which the Supreme Court has nationalized the bill of rights by making most of its provisions applicable to the states through the 14th amendment
Civil liberties
The legal constitutional protections against government although our civil liberties are formally set down in the Bill of Rights the courts police and legislatures defined their meaning
