Chapter 4: Civil Liberties and Public Policy

civil liberties

The legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.

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 defendant's rights.

First Amendment

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

Fourteenth 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 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 United States 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 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 provisions that prohibits government from interfering with the practice of religion.

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota

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. The Supreme Court has accorded some symbolic speech protection under the First Amendment.

commercial speech

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

probable cause

The situation occurring when the police have reason to believe that person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

unreasonable searches and seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

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. The rule prohibits use of evidence obtained through unreasonable search and seizure.

Fifth 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 is compelled to be a witness against himself or herself in court. The 5th amendment forbids involuntary self-incrimination.

Sixth 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.

Eighth Amendment

The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase.

cruel and unusual punishment

Court sentences prohibited by the Eighth 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