Magruder's Ch. 20-21 Wren
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Created by:
suzannewren on May 1, 2012
Description:
Civil Liberties & Civil Rights
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20 terms
Terms | Definitions |
|---|---|
4th Amendment | prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause |
police power | the authority of each state to act to protect and promote the public health, safety, morals and general welfare of its people |
probable cause | reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion |
exclusionary rule | evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized |
double jeopardy | the 5th Amendment right providing that a person cannot be tried twice for the same crime |
Miranda Rule | requirement that police inform suspects of their right to remain silent and right to have counsel while being interrogated; failure to inform suspects of their rights will result in any confession or evidence thus obtained being inadmissible against them at trial |
due process | 14th Amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law |
equal protection | 14th Amendment clause guaranteeing all citizens equal protection of the laws; the courts have interpreted the clause to bar discrimination against minorities and women |
discrimination | unfair treatment of a person or group on the basis of prejudice |
separate but equal doctrine | the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities |
de jure segregation | segregation that is imposed by law; Plessy case |
de facto segregation | segregation (especially in schools) that happens in fact although not required by law; resulting from tradition and custom |
affirmative action | a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group; women and minorities (LBJ) |
reverse discrimination | the charge that an affirmative action program discriminates against those who do not have minority status; Bakke case |
Marbury v. Madison | established concept of judicial review, first time supreme court declared something 'unconstitutional'; "midnight judges"-1803 |
Brown v. Board of Ecucation | landmark Supreme Court case that declared state laws establishing separate public schools for black and white students unconstitutional-1954; overturned Plessy |
Engel v. Vitale | banned formal prayer in schools, government would not make any religion the 'official' religion; upheld establishment clause-1962 |
Gideon v. Wainwright | ordered states to provide lawyers for those unable to afford them; 6th and 14th Amendments; Warren Court's judicial activism-1963 |
Miranda v. Arizona | upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer-1966 |
Roe v. Wade | legalized abortion on the basis of a woman's right to privacy-1973 |
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