chapter 4

  1. describe establishment of religion
    • establishment clause
    • separation of church and state
    • separationiest view
    • accomodationist view
    • prevent national religion
    • engel v vitale
    • lemon v kurtzman
  2. establishment clause
    • concerns the connection between government and religion
    • freedom FROM religion
  3. separationist view
    government must avoid contacts with religion and those that lead to gov support or endorsment of religious activities
  4. accomodationist view
    permit the gov to provide support for religion and associated activities
  5. engel v vitale
    court found a violation of establishment clause in the common public school practice of beginning each day with a teacher lead prayer
  6. lemon v kurtzman
    judges follow the lemon test.
  7. lemon test
    • does the law have a nonreligous purpose
    • does the primary intent of the law advance or inhibit religion
    • does law create an excessive entanglement of government religion
  8. describe free exercise clause
    • free exercise clase
    • minersvelle v gobitis
    • west virginia v barnette
    • strict scruitiny
    • gonzales v do vegital...
    • gov must show specific harm
  9. free exersice clause
    • peoples ability to practice their own religion with gov interference
    • Freedom of religion
  10. minersvelle v gobitis
    public school punish jehovahs witness students for refusing to salute the flag and recite the pledge of alligence
  11. west virginia v barnette
    cant force citizens to confess by word or act their fairth there in
  12. strict scritiny
    burden on the gov to demonstrate the necesity of a specific law in order to outweigh an individuals desire to engage in a religous practice
  13. gonzales v do vegital...
    • gov didnt have justification to prevent practices of ingesting tea containing hallucinogenic substances
    • gov needed to show specific significant harm caused by the tea in order to override the free exersice right
  14. clear and danger test
    • permit prosecution only for speeches and publications that posed tangible threat to american society
    • ex: shouting fire in a theater causi ng panic
  15. brandenburg v ohio
    danger must be an IMMEDIATE danger to american society
  16. prior restraint
    bad, the goverments attempt to prevent certain info or viewponts from being published.
  17. defamination
    false harmful statements that are spoken or written
  18. new york time company v united states
    • so call pentagon papers were given to newpapers because public needed to know more about the vietnam war
    • supreme court majority declared it ok
  19. miller v california
    • community standards
    • objective
  20. describe the 4th amendment
    • 4th amendment
    • stop unreasonable search and seizure
    • warents
    • exclusionary rule
    • map v ohio
    • police obtain warent
    • warentless searches
  21. 4th amendment
    protects the people against improper searches and seizures
  22. exclusionary rule
    evidence obtained improperly by the police cant be used to prosecute someone accused of a crime
  23. map v ohio
    • applied it to all police officers throughout the country not just fbi
    • police need to obtain a warent from a judge by showing probible cause
  24. warentless searches
    • are permided in a "stop and frisk and exigent circumstances
    • automobile search and airport searches
  25. describe 5th and 6th amendment
    • double jeopardy
    • compelled self incrimination
    • miranda v arizona
    • speedy and public trial
    • trial by jury
    • bench trials
    • plea bargaining
    • 8th amendment
    • furman v georgia
  26. double jeopardy
    protection against being tried twice for the same crime
  27. compelled self incrimination
    no person may be compelled in any criminal case to be a witness against himself
  28. miranda v arizona
    must read the miranda rights to people in custody
  29. speedy and public trial
    gov cant hold secret proceedings to prevent citizens from knowing whether evidence exists to prove ones guilt
  30. trial by jury
    applied to federal cases and state proceedings
  31. plea bargaining
    90% negotiate a guilty plea in exchange for a less severe sentence
  32. 8th amendment
    prohibits cruel and unusual punishment
  33. furman v georgia
    death penalty was ruled unconstitutional
  34. describe the right to privacy and the court cases
    • privacy not found in constitution
    • giswold v connecticut
    • zone of privacy
    • roe v wade
    • planned parenthood v casey
  35. griswold v connecticut
    right to privacy exists in the 1st 3rd 4th and 5th amendments
  36. zone of privacy
    created by several fundamental constitutional gaurentees
  37. roe v wade
    • womans right to make choices about abortion
    • zone of privacy found under 14 and 9 amendment
  38. planned parenthood v casey
    • mandated 24 hour waiting period before a women could proceed with an abortion
    • minors must obtain parental consent
    • married women notify their spouces
Card Set
chapter 4
test three