Ch. 4 Gov. Key Terms

civil liberties

the constitutional and other legal protections against government actions

Bill of Rights

first ten 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

Barron v. Baltimore

the 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities

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 deprive any person of life, liberty, or property, without due process of law; nor any 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 government 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 throught he 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 government from interfering with the practice of religion

prior restraint

gov. actions preventing material from being published

• usually prohibited by the First Amendment, as confirmed in Near v. Minnesota

libel

publication of false and malicious statements that damage someone’s reputation

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband

*Supreme Court has accorded some 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

situation in which the police have reasonable grounds 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 Fourth Amendment

• Probable cause and/or a search warrant are required for 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 role

rule that evidence cannot be introduced into a trial if it was not constitutionally obtained

• 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 laws

self-incrimination

situation occuring when an individual accused of a crime is compelled to be a witness against themself in court

• Fifth Amendment forbids involuntary (blank)

Sixth Amendment

a constitutional amendment designed to protect individuals accused of crimes

• includes right to counsel, right to confront witnesses, and right to a speedy and public trial

plea bargaining

bargain struck between 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

constitutional amendment that forbids cruel and unusual punishment

Cruel and Unusual Punishment

court sentences prohibited by the Eighth Amendment

right to privacy

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