Ap Government Chapter 4
Chapter 4 Key Terms
Terms in this set (22)
The legal constitutional protections against government. Although our civil liberties are formally set down in this, the courts, police, and legislatures define their meaning.
"Civil liberties protect citizens."
Bill of Rights
The first ten amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press guarantee defendants' rights.
"First ten amendments are the B of R"
The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
"First Amendment is the root of AMerica"
The constitutional amendment adopted after the civil war that states, "No State shall make or enforce any law which shall abridge the privileges or the immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
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.
"Incorporation gives power to states"
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
"Establishment clause is good"
free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
"Government should'nt interfere"
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.
"Prior restraint is important"
The publication of false or malicious statements that damage someone's reputation.
Nonverbal communication, such as burning a flag or wearing and armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.
"Symbolic speech is covered"
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.
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
"Probable cause is important"
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.
"Unreasonable searches are bad'
A written authorization from a court specifying the area to be searched and what the police are searching for.
"Search warrant are required"
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
"Evidence can't be introduced into trial if illegal"
The 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.
"Fifth protects rights"
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.
"Self-incrimation is not required"
The 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.
"Sixth amendment allows trial"
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
"Plea bargaining is how most cases end"
The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provision applies to the states.
"Eighth amendment is critical:"
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
"cruel and unusual punishment is protected".
right to privacy
The right to a private personal life free from the intrusion of government.
"right to privacy is critical"
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