Ch 4 Ap Gov Vocab

Fourteenth Amendment

The constitutional amendment that declares states cannot take away rights guaranteed in the constitution (life, liberty, and property) without due process of law

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 the _____ 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 this 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 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 ____ cause

unreasonable searches and seizures

Obtaining evidence in an unlawful manner, 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 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 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 Eight Amendment

right to privacy

The right to a private personal life free from the intrusion of the government. Provided by the 9th amendment

First Amendment

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

civil liberties

the constitutional and other legal protections against government actions. Ours 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 they guarantee defendant's rights