2/27/12 12:24 AM Civil Liberties the legal constitutional protections against gov?t. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislature define their meaning. Bill of Rights the first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants? rights. 1st Amendment Established Freedom of speech, of religion, of the press, and of assembly. 14th Amendment adopted after the Civil War. State that ?No state shall make or enforce any law which shall abridge the privileges or 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 to the equal protection of the laws.? Due Process Clause Part of the 14th Amendment. Guarantees that persons cannot be deprives of life, liberty or property by the US or State gov?ts 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 thru the 14th Amendment. Establishment Clause Part of the 1st Amendment stating that ?Congress shall make no law respecting an establishment of religion? Free Exercise Clause A 1st Amendment provision that prohibits gov?t from interfering with the practice of religion. Prior Restraint A gov?t preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the US, according to the 1st amendment and confirmed in the 1931 Supreme Court case of Near v. Minnesota. Libel The publication of false or malicious statements that damage someone?s reputation. Symbolic Speech Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the 1st 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 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. Unreasonable Searches and Seizures Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th 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 written authorization from a court specifying the area to be searched and what the police are searching for. Exclusionary Rule 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. 5th Amendment protects rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment w/o 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. Forbidden by 5th Amendment. 6th Amendment Protect individuals accused of crimes. Includes right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Plea Bargaining 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. 8th Amendment Forbids cruel and unusual punishment, although it does not define this phrase. Through the 14th amendment, this Bill of Rights provision applies to the states. Cruel and Unusual Punishment Court sentences prohibited by the 8th 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 a private personal life free from the intrusion of gov?t. Chapter 4 Vocab 2/27/12 12:24 AM 2/27/12 12:24 AM
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