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Civil Liberties
Question | Answer |
---|---|
civil liberties | limitations on the power of government, designed to ensure personal freedoms |
civil rights | guarantees of equal treatment by government authorities |
double jeopardy | a prosecution pursued twice at the same level of government for the same criminal action |
due process clause | provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis |
eminent domain | the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment |
establishment clause | the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion |
exclusionary rule | a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime |
free exercise clause | the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices |
Miranda warning | a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights |
obscenity | acts or statements that are extremely offensive by contemporary standards and are unconstitutional |
Patriot Act | a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act |
prior restraint | a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release) |
probable cause | legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial |
right to privacy | an implied right; the right to be free of government intrusion |
search warrant | a legal document, signed by a judge, allowing police to search and/or seize persons or property |
selective incorporation | the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government |
self-incrimination | an action or statement that admits guilt or responsibility for a crime |
symbolic speech | a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group) |