AP Gov Ch 4 Civil Liberties & Public Policy

civil liberties

Individual legal constitutional protections against government (state & federal)

Bill of Rights

The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

First Amendment

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

14th Amendment

The constitutional amendment adopted after the Civil War that declares "No State shall make or enforce any law which shall abridge the privileges or immumities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."

due process clause

Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments 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 through 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 government from interfering with the practice of religion.

prior restraint

A government preventing material from being published.

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.

commercial speech

Communication in the form of advertising.

probable cause

The situation occurring when the police have reason to believe that a person should be arrested.

unreasonable searches and seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment.

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 cannot be introduced into a trial if it was not constitutionally obtained.

5th Amendment

A 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.

self-incrimination

The situation occurring when an individual accused of a crime in compelled to be a witness against himself or herself in court.

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 in exchange for the state's promise not to prosecute the defendant for a more serious crime.

8th Amendment

The constitutional amendment that forbids excessive fines or bail & cruel and unusual punishment

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 government.

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.