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Government Chapter20
Civil Liberties: Protecting Individual Rights
Term | Definition |
---|---|
substantive due process | the government must create fair policies and laws |
procedural due process | the government must employ fair procedures and methods |
preventative detention | a law which allows federal judges to order that an accused felon be held, without bail, when there is good reason to believe that he or she will commit yet another serious crime before trial |
due process | the government must act fairly and in accord with established rules in all that it does |
police power | the authority of each state to act to protect and promote the public health, safety, morals, and general welfare of its people |
search warrant | a court order authorizing a search |
involuntary servitude | forced labor |
discrimination | bias, unfairness |
writs of assistance | blanket search warrants with which British customs officials had invaded private homes to search for smuggled goods |
probable cause | reasonable grounds, a reasonable suspicion of crime |
exclusionary rule | evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized |
writ of habeas corpus | a court order which prevents unjust arrests and imprisonments |
bill of attainder | a legislative act that inflicts punishment without a court trial |
ex post facto law | a law applied to an act committed before its passage |
grand jury | the formal device by which a person can be accused of a serious crime |
indictment | a formal complaint before a grand jury which charges the accused with one or more crimes |
double jeopardy | part of the 5th amendment which says that no person can be put in jeopardy of life or limb twice. once a person has been tried for a crime, he or she cannot be tried again for the same crime |
bench trial | a trial in which the judge alone hears the case |
miranda rule | the constitutional rights which police must read to a suspect before questioning can occur |
bail | a sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time |
capital punishment | the death penalty |
treason | betrayal of one's country; in the constitution, by levying war against the United States or offering comfort or aid to its enemies |