apgov - unit 6 vocab

affirmative action

describes policies enacted that favor groups that have been historically discriminated against

bail

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

bill of rights

the first 10 amendments of the constitution and are designed to protect civil liberties

civil disobedience

A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.

civil liberties

constitutionally established guarantees and freedoms that protect citizens against arbitrary government interference

civil rights

the rights of citizens to political and social freedom and equality.

civil rights act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

clear and present danger

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

de facto

racial segregation by personal choice

de jure

racial segregation discrimination by law

double jeopardy

Being tried twice for the same crime

due process clause of the 5th amendment

prohibits the FEDERAL GOVERNMENT from depriving individuals of life, liberty, or property, without due process of law

due process clause of the 14th amendment

prohibits STATES from depriving any person of life, liberty, or property, without due process of law

due process

the government is required to act fairly and follow established legal procedures before depriving anyone of life, liberty, or property.

equal protection clause of the 14th amendment

prohibits states from denying any person within their jurisdiction the equal protection of the laws

establishment clause

prohibits the government from establishing an official religion, favoring one religion over another, or favoring religion over non-religion

ex post facto laws

statutes that retroactively punish actions, increase punishments, or alter legal rules of evidence to a defendant's disadvantage after a crime was committed

exclusionary rule

a legal principle in the United States that prevents the government from using evidence gathered in violation of the Fourth Amendment or other constitutional rights in a criminal trial

free exercise clause

protects individuals' rights to believe and practice their religion without government interference

freedom of expression

a fundamental human right, and allows individuals to seek, receive, and impart information and ideas without censorship

grand jury

a constitutionally mandated body of citizens that evaluates evidence presented by prosecutors to determine if "probable cause" exists to charge individuals with serious crimes

libel

a written or published false statement that injures a person's or entity's reputation, exposing them to public contempt, ridicule, or hatred

miranda rule

requires police to advise suspects of their Fifth Amendment rights against self-incrimination and right to counsel before custodial interrogations

obscenity

Obscenity refers to materials—typically sexual or excretory—that are legally unprotected by the First Amendment because they violate strict community standards, appeal to prurient interests, and lack serious value

places of public accommodation

Places of public accommodation are private entities—including businesses, nonprofits, and service providers—open to the public, which must comply with Title III of the Americans with Disabilities Act to ensure accessibility and nondiscrimination

prior restraint

a form of government censorship that prohibits speech or other expression before it can take place, generally considered unconstitutional under the First Amendment

procedural due process

the legal requirement that the government must follow fair, established procedures before depriving an individual of life, liberty, or property

public safety exception

a legal doctrine allowing law enforcement to question suspects in custody without Miranda warnings when there is an immediate, objectively reasonable need to protect the public or officers from danger

right to counsel

The Sixth Amendment guarantees the right to legal counsel in all criminal prosecutions where jail time is possible, a right that attaches at critical stages including interrogations, lineups, and trials

segregation

the systemic, often enforced separation of people based on race or ethnicity, creating unequal access to housing, education, and public facilities

selective incorporation

a constitutional doctrine whereby the Supreme Court applies specific protections from the Bill of Rights to state governments on a case-by-case basis through the Fourteenth Amendment's Due Process Clause

separate but equal

a legal doctrine established by the 1896 Supreme Court case Plessy v. Ferguson, ruling that racial segregation did not violate the 14th Amendment's Equal Protection Clause if facilities were equal

slander

a form of defamation involving false, spoken statements that damage a person's reputation

social movement

organized, collective efforts by large groups of people to promote, resist, or undo social change

symbolic speech

refers to nonverbal, nonwritten forms of communication—such as flag burning, wearing armbands, or kneeling during an anthem—used to convey a specific message

title ix of the education amendments act of 1972

a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. It mandates equal opportunity in athletics, academics, and protects against sexual harassment and pregnancy discrimination

voting rights act of 1965

a landmark piece of federal legislation designed to enforce the 15th Amendment, prohibiting racial discrimination in voting

warrant

a formal, written document issued by a legal authority that authorizes law enforcement to make an arrest, conduct a search, or seize property

writ of habeas corpus

a fundamental judicial order forcing law enforcement or government officials to bring a detained person before a court and justify their imprisonment