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Chapter 4 Civil Lib
| Question | Answer |
|---|---|
| Civil Liberties | Constitutional freedoms guaranteed to all citizens |
| Fourteenth Amendment | A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. |
| Due Process | fair treatment through the normal judicial system, especially as a citizen's entitlement. |
| 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. |
| Establishment Clause | Clause in the First Amendment that says the government may not establish an official religion. |
| Free Excercise Clause 1st Amendment | congress shall make no law prohibiting the people's right to religion. |
| prior restraint | government censorship of information before it is published or broadcast |
| Libel | A written defamation of a person's character, reputation, business, or property rights. |
| symbolic speech | nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment. |
| 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. |
| probable cause | reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion |
| unreasonable searches 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. |
| search warrant | A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence |
| exclusionary rule | improperly gathered evidence may not be introduced in a criminal trial |
| 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. |
| self-incrimination | The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination. |
| 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. |
| plea bargain | Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. |
| Eighth Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
| 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. |
| right to privacy | the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions |
Created by:
Mrs. Kaminski
Popular American Government sets