Chapter 4 Keyterms

Civil Liberties

The constitutional and other legal protections against government actions. Are formally set down in the Bill of Rights.

Bill of Rights

The first 10 amendments to the U.S.

Constitution, which define such basic liberties as freedom of religion, speech, and the press, and guarantee defendants' rights.

First Amendment

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

Government actions that prevent material from being published. As confirmed in Near v. Minnesota, is usually prohibited by the First Amendment.

Libel

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

Symbolic Speech

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some protection under the First Amendment.

Commercial Speech

Communication in the form of advertis-ing, 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.

Unreasonable Search & Seizure

Obtaining evidence in an unlawful man-ner, a practice prohibited by the Fourth 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

A constitutional 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 ——

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 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.