AP Gov- Civil Liberties

30 key terms

bill of rights

first ten amendments to the constitution, ratified in 1791, that guarantee fundamental individual rights and liberties and place limits on the power of the federal government

due process clause

constitutional guarantee found in both the fifth and fourteenth amendments that the government cannot deprive any person of life, liberty, or property without fair and proper legal procedures

selective incorporation

process by which the supreme court has applied most of the bill of rights to the states on a case-by-case basis through the fourteenth amendment's due process clause

establishment clause

first amendment provision that prohibits the government from establishing an official religion, favouring one religion over another, or promoting religion over non-religion

free exercise clause

first amendment provision that protects individuals' rights to practice their religion freely without government interference, though not all religiously motivated conduct is protected

freedom of expression

broad first amendment right that protects freedom of speech, press, assembly, petition, and religion; the right to communicate ideas without government censorship or punishment

clear and present danger test

standard established in schenck v. united states (1919) that allows the government to restrict speech only when it poses an immediate and serious threat to public safety or national security

prior restraint

government censorship that prevents speech or publication before it occurs, rather than punishing it afterward; the supreme court treats prior restraint as almost always unconstitutional

symbolic speech

nonverbal actions or conduct intended to communicate a political or social message (ex. flag burning, armband wearing), which the supreme court has held is protected under the first amendment

libel

false and damaging written or published statements about a person; not protected by the first amendment, though public figures must prove "actual malice" to win a libel case

slander

false and damaging spoken statements about a person; like libel, slander is not protected by the first amendment, but it is harder to prove because it is spoken rather than written

ex post facto laws

laws that criminalise an action after it was committed, increase the punishment for a past crime, or change the rules of evidence retroactively, prohibited by article I of the constitution

bill of attainder

legislative act that declares a specific person or group guilty of a crime and imposes punishment without a trial; explicitly prohibited by article I of the constitution

writ of habeas corpus

legal order ("produce the body") requiring the government to bring a detained person before a court and justify their imprisonment, protecting against unlawful detention

procedural due process

requirement that the government follow fair and established legal procedures (such as notice and a fair hearing) before depriving someone of life, liberty, or property

warrant

legal document issued by a judge or magistrate authorising law enforcement to conduct a search, make an arrest, or seize property, based on probable cause

probable cause

reasonable basis for believing that a crime has been committed or that evidence of a crime will be found in a specific place; the legal standard required to obtain a warrant or make an arrest

exclusionary rule

judicial doctrine established in mapp v. ohio (1961) that prohibits the use of illegally obtained evidence in a criminal trial, intended to deter police misconduct

grand jury

group of citizens (typically 23) that reviews evidence presented by prosecutors to determine whether there is sufficient cause to formally charge someone with a federal crime by issuing an indictment

double jeopardy

fifth amendment protection that prohibits a person from being tried twice for the same crime in the same jurisdiction after an acquittal or conviction

miranda rights

rights that law enforcement must inform a suspect of before a custodial interrogation, established in miranda v. arizona (1966), including the right to remain silent and the right to an attorney

bail

money or property deposited with the court to secure a defendant's release from jail while awaiting trial; the eighth amendment prohibits excessive bail

first amendment

constitutional amendment that protects freedom of religion, speech, press, assembly, and petition from government interference; considered the cornerstone of united states civil liberties

fourteenth amendment

constitutional amendment that granted citizenship to all persons born or naturalised in the united states, guaranteed equal protection and due process, and became the vehicle for applying the bill of rights to the states

civil liberties

individual freedoms and rights that are protected from government interference, primarily found in the bill of rights (ex. freedom of speech, right to a fair trial, protection from unreasonable searches)

fifth amendment

constitutional amendment that protects against self-incrimination, double jeopardy, and being deprived of life, liberty, or property without due process, and requires a grand jury indictment for serious federal crimes

self-incrimination

act of providing testimony or evidence that could expose oneself to criminal prosecution; the fifth amendment protects individuals from being compelled to testify against themselves

sixth amendment

constitutional amendment that guarantees the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, and to have the assistance of legal counsel

eighth amendment

constitutional amendment that prohibits excessive bail, excessive fines, and cruel and unusual punishment, including torture and disproportionate criminal sentences

right to privacy

implied constitutional right, recognised in griswold v. connecticut (1965), that protects individuals from unwarranted government intrusion into personal decisions and private life