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PoliSci Ch. 5
Civil Liberties
Term | Definition |
---|---|
civil liberities | Rights-- chiefly, rights to be free of gov't interference -- accorded to an individual by the Constitution: free speech, free press, and so on. |
due process of law | Denies the gov't the right, without due process, to deprive people of life, liberty, and property |
equal protection of the law | A standard of equal treatment that must be observed by the gov't |
elective incorporation | The process wherby the Court has applied most, but not all, parts of the Bill of Rights to the states. |
freedom of expression | Right of people to speak, publish, and assemble |
freedom of religion | people shall be free to exercise their religion, and gov't may not establish a religion |
prior restraint | censorship of a publication |
clear-and-present-danger test | law should not punish speech unless there was a clear and present danger of producing harmful actions |
libel | Writing that falsely injures another person |
symbolic speech | An act that conveys a political message |
free-exercise clause | First Amendment requirement that law cannot prevent free exercise of religion |
establishment clause | First Amendment ban on laws "respecting and establishment of religion" |
wall of separation | Court ruling that gov't cannot be involved with religion |
exclusionary rule | Improperly gathered evidence may not be introduced in a criminal trial |
search warrant | A judge's order authorizing a search |
probable cause | reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion |
good faith exception | An error in gathering evidence sufficiently minor that it may be used in a trial |
public safety exception | The police can question an un-Mirandized suspect if there is an urgent concern for public safety |
inevitable discovery | The police can use evidence if it would inevitable have been discovered. |