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PoliSci Ch. 5

Civil Liberties

TermDefinition
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.
Created by: mguggi
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