Chapter 4 Vocab

The flashcards below were created by user Melina.gonzales on FreezingBlue Flashcards.

  1. civil liberties
    the legal constitutional protections against government. although they are formally set down in the bill of rights, the courts, police, and legislatures define their meaning.
  2. bill of rights
    the first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.
  3. first amendment
    the constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
  4. fourteenth amendment
    the constitutional amendment adopted after the civil war that states, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
  5. due process clause
    part of the fourteenth amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law.
  6. 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 fourteenth amendment
  7. establishment clause
    part of the first amendment stating that "congress shall make no law respecting an establishment of religion"
  8. free exercise clause
    a first amendment provision that prohibits government from interfering with the practice of religion
  9. school district of abington township, pennsylvania v. schempp
    a 1963 supreme court decision holding that a pennsylvania law requiring bible reading in schools violated the establishment clause of the first amendment
  10. prior restraint
    a government preventing material from being published. this is a common method of limiting the press in some nations, but it is usually unconstitutional in the US, according to the first amendment and as confirmed in the 1931 supreme court case of near v. minnesota
  11. libel
    the publication of false of malicious statements that damage someone's reputation
  12. symbolic speech
    nonverbal communication, such as burning a flag or wearing an armband. the supreme court has accorded some protection for it under the first amendment
  13. commercial speech
    communication in the form of advertising. it can be restricted more than many other types of speech but has been receiving increased protection from the supreme court
  14. probable cause
    the situation occurring when the police have reason to believe that a person should be arrested. in making the arrest, police are allowed legally to search for a seize incrimination evidence
  15. unreasonable searched and seizures
    obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence
  16. search warrant
    a written authorization from a court specifying the area to be searched and what the police are searching for
  17. exclusionary rule
    the rule that evidence, no matter how incrimination, cannot be introduced into a trial if it was not constitutionally obtained. the rule prohibits use of evidence obtained through unreasonable search and seizure
  18. fifth amendment
    a constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law
  19. self-incrimination
    the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. prohibited by the fifth amendment
  20. sixth amendment
    a constitutional amendment designed to protect individuals accused of crimes. it includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial
  21. plea bargaining
    a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant fora  more serious (or additional) crime
  22. eighth amendment
    the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. through the fourteenth amendment, this bill of rights provision applies to the states
  23. cruel and unusual punishment
    court sentences prohibited by the eighth amendment. although the supreme court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment
  24. right to privacy
    the right to a private personal life free from the intrusion of government
Card Set
Chapter 4 Vocab
Civil liberties vocab, U2Q4
Show Answers