Chapter 5: Civil Liberties

Civil liberties

Rights accorded to an individual by the Constitution

Due process of law

Denies the government the right to deprive people of life, liberty, and property without due process

Equal protection of the law

A standard of equal treatment the government must observe

Freedom of expression

Right of the people to speak, publish, and assemble

Freedom of religion

Right of the people to freely exercise their religion, wall of separation

Prior Restraint

Censorship of a publication

Selective Incorporation Process

The court has applied most but not all parts of the Bill of Rights to the states

Clear and present danger test

Laws will not punish speech unless there is a clear and present danger

Libel

Writing that is false and harms a person

Symbolic speech

An act that conveys a political message

Free exercise clause

Requirement in the first amendment that law cannot prevent free exercise of religion

Establishment clause

First amendment bans laws which respect an establishment of religion

Wall of separation

Government cannot be involved with religion

Exclusionary rule

Illegally gathered evidence can’t be used in a criminal trial

Search warrant

An order from a judge which authorizes a search

Probable cause

Reasonable cause for issuing a search warrant or issuing an arrest

Good faith exception

Errors in gather evidence that is minor can be used in a trial

Public safety exception

If there’s an urgent concern, a police can question a suspect without issuing a Miranda warning

Inevitable discovery

Evidence can be used if it would have been inevitable discovered

1st Amendment

Protect Freedom of Religion, Speech, Petition, Press, and Assembly,

2nd Amendment

Right to bear arms (own guns)

3rd Amendment

The government cannot force people to keep troops in their private homes

4th Amendment

Protection against Unreasonable Search and Seizure

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

The right to a trial by Jury in civil cases over $20.00

8th Amendment

Prohibits excessive fines and excessive bail/and cruel unusual punishment

9th Amendment

People have rights not expressly written in the Constitution.

10th Amendment

Powers not given to federal government go to people and States