Gov Chapter 4 Vocab

civil liberties

the constitutional and other legal protections against government actions 

bill of rights

first 10 amendments of the U.S constitution

first amendment

amendment that protects the four great liberties; freedom of religion, of speech, of the press, and of assembly

fourteenth amendment

an amendment adopted after the civil war that declares “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”

due process clause

part of the fourteenth 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 SCOTUS has nationalized the bill of rights by making it the most of its provisions applicable to the states through the fourteenth amendment 

establishment clause

part of the first amendment stating that “Congress shall make no law respecting an establishment of religion.”

free exercise clause

a first amendment provision that prohibits governement from interfering with the practice of religion

prior restraint

government actions that prevent material from being published. As confirmed in Near v Minnesota, prior restraint is usually prohibited by the first amendment.

libel

the publication of false and malicious statements that may damage someone’s repuation

symbolic speech

nonverbal communication such as burning a flag or wearing an armband. The SCOTUS has accorded some symbolic speech protection under the First Amendment.

commercial speech

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

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.

unreasonable search and seizure

obtaining evidence in an unlawful manner, a practice that is prohibited by the fourteenth 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 to seize such evidence.

search warrant

a written authorization from a court specifying the area to be searched and what the police may search for

exclusionary rule

the rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. the rule prohibits use of evidence obtained through unreasonable search and seizure

fifth amendment

an amendment designed to protect the rights of persons accused of crimes. it provides protection against double jeopardy, self-incrimination, and punishment without due process of law 

self-incrimination

being a witness against oneself. the fifth amendment forbids involuntary self-incrimination

sixth amendment

a constitutional amendment designed to protect individuals accused of crimes. it includesthe right to counsel, the right to confront witnesses, and the right to a speedy and public trial

plea bargaining

a bargin struck between a defendant’s lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime ( or to fewer crimes ) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes. 

eighth 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