27 terms

Ch.5 Civil Liberties


Terms in this set (...)

Civil liberties
the personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation
Bill of Rights
The first 10 amendments to the U.S. Constitution, which largely guarantee specific rights and liberties
1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
lemon test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
14th amendment
1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts
equal protection clause
Constitutional guarantee that everyone be treated equally-14th amendment
due process clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
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 exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
prior restraint
A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.
A written defamation of a person's character, reputation, business, or property rights.
Spoken defamation
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
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.
probable cause
Reasonable grounds, a reasonable suspicion of crime
unreasonable search and seizures
Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal
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.
5th amendment
Right of Accused Persons/ Indictment of Grand Jury (1) No Self-Incrimination (Miranda) (2) No Double Jeopardy (defendant cannot be tried again on the same, or similar charges) (3) No deprivation of life liberty or property without "due process of law" (fair treatment) (4) Eminent domain
self incrimination
testifying against oneself-5th amendment
6th amendment
The right to counsel in criminal trials (1) Speedy and public trial (2) Accused must be told charges (3) right to counsel (free lawyer if poor) (4) right to jury in criminal cases
plea bargaining
a legal negotiation in which a prosecutor reduces a charge in exchange for a defendant's guilty plea
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
cruel and unusual punishment
includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
right to privacy
The right to a private personal life free from the intrusion of government.
equal protection clause