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Chapter 8
| Term | Definition |
|---|---|
| civil liberties | fundamental rights and freedoms protected from infringement by the government |
| civil rights | protections from discrimination as a member of a particular group |
| bill of rights | a list of fundamental freedoms that individuals posses (first 10 amendments) |
| 1st amendment | 5 freedoms (speech, religion, press, assembly, petitioning against the government) |
| 2nd amendment | right to bear arms |
| 3rd amendment | no quartering |
| 4th amendment | no unreasonable searches or seizures without a warrant |
| 5th amendment | right to a grand jury indictment, protection against double jeopardy and self-incrimination, right to due process of law, right to just compensation when private property is taken for public use |
| 6th amendment | protections for a speedy and public trial by a jury, the right to confront witnesses, compel favorable witnesses to testify in one's defense, and the right to the assistance of a defense counsel |
| 7th amendment | right to a trial by jury in certain civil suits |
| 8th amendment | no cruel or unusual punishments |
| 9th amendment | protection of rights not listed in the Constitution |
| 10th amendment | power not delegated to the federal governments or prohibited by it to the states are reserved to the states or the people |
| due process clause | the clause in the 14th amendment that restricts state government from denying citizens their life, liberty, or property without legal safeguards |
| selective incorporation | the piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state governments |
| establishment clause | first amendment protection against the government requiring citizens to join or support a religion |
| free exercise clause | first amendment protection of the rights of individuals to exercise and express their religious beliefs |
| clear and present danger tests | legal standard established by Schenck v U.S. that speech posing an immediate and serious threat to national security isn't protected by the 1st amendment |
| prior restraint | the suppression of material prior to publication on the grounds that it might endanger national security |
| symbolic speech | protected expression in the form of images, signs, and other symbols |
| libel | an untrue written statement that injures a person's reputation |
| slander | an untrue spoken expression that injures a person's reputation |
| obscenity and pornography | words, images, or videos that depict sexual activity in an offensive manner that lack any artistic merit |
| ex post facto laws | laws criminalizing conduct that was legal at the time it occured |
| bills of attainder | a law passed by Congress punishing an individual without a trial |
| writ of habeas corpus | a document setting out reasons for an arrest or detention |
| procedural due process | a judicial standard requiring that fairness be applied to all individuals equally |
| warrant | a document issued by a judge authorizing a search |
| probable cause | reasonable belief that a crime has been committed or that there is evidence of criminal activity |
| exclusionary rule | a rule, established in Mapp v Ohio, that evidence obtained without a warrant is inadmissible in court |
| grand jury | a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court |
| double jeopardy | protects and individual acquitted of a crime from being charged with the same crime again in the same jurisdiction |
| miranda rights | the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity |
| bail | an amount of money posted as a security to allow the individual to be freed while awaiting trial |
Created by:
ldukes24
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