AP GOV UNIT 3 chapter 4 Civil Liberties

Probable Cause

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause.

Commercial Speech

Communication in the form of advertising, which can be restricted more than many other types of speech

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.

libel

The publications of false and malicious statements that may damage someone's reputation

Prior Restraint

Government actions that prevent material from being published. As a confirmed in Near v. Minnesota, prior restraint is usually prohibited by the 1st amendment

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Establishment Clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

Incorporation D

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.

1st Amendment

The constitutional amendment that protects the four great liberties: freedom of religion, speech, press, and assembly

Due Process

Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or that govts without due process of law

14th Amendment

The constitutional amendment adopted after the Civil War that states, "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 the equal protection of the laws."

Bill of Rights

The first ten amendments to the U.S. Constitution which define such basic liberties as freedom of religion, speech and the press, and they guarantee defendant's rights

Civil Liberties

The Constitutional and other legal protections against govt actions. Our civil liberties are formally set down in the Bill of Rights.

Unreasonable search and seziure

Obtaining evidence in an lawful manner, a practice prohibited by the 4th Amendment. The police must have Probable cause and/or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence

Search Warrant

A written authorization from a court specifying the area to be searched and what the police are searching for.

Exclusionary Rule

A rule that explaining cannot be introduced into a trial of it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizures.

5th Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes. It provides protection against double jeopardy, self-incrimination, and punishment without rule process of law.

self- incrimination

Being a witness against oneself. The 5th Amendment forbids involuntary self-incrimination.

6th Amendment

A 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.

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

The constitutional amendment that forbids cruel and unusual punishment.

Cruel and Unusual Punishment

Court sentences prohibited by the Eighth Amendment.

Right to privacy

The right to a private personal life free from the intrusion of government.