Topic 8: Civil Rights and Liberties

Substantive Due Process

concept that holds that the government must create fair policies and laws

Procedural Due Process

concept that holds that the government must employ fair procedures and methods

Due Process Clause

part of the 14th Amendment which guarantees that no State deny basic rights to its people

Civil Rights

term used for positive acts of government that seek to make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination

Civil liberties

guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion

Establishment Clause

part of the 1st Amendment of the Constitution that guarantees the separation of church and State

Free exercise clause

the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Slander

false and malicious use of spoken words

Libel

false and malicious use of printed words

Probable cause

reasonable grounds, a reasonable suspicion of crime

Reasonable suspicion

a legal standard that applies in different criminal-law contexts, most often where searches and seizures are involved. It requires that officers have an objectively reasonable basis for suspecting criminal activity before detaining someone.

Warrant

a court order authorizing, or making legal, some official action, such as a search or an arrest

Grand jury

formal device by which a person can be accused of a serious crime

Bench trial

trial in which the judge alone hears the case

Indictment

formal complaint before a grand jury that charges the accused with one or more crimes

Ex Post Facto law

law applied to an act committed before its passage

Bill of Attainer

legislative act that inflicts punishment without a court trial

Writ of Habeas Corpus

court order that prevents unjust arrests and imprisonments

Exclusionary rule

ruling stating that evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized

Double jeopardy

part of the 5th Amendment stating that no person can be put in jeopardy of life or limb twice; once a person has been tried for a crime, he or she cannot be tried again for the same crime

Sedition

crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts

Prior restraint

idea that government cannot curb ideas before they are expressed

Injunction

court order that forces or limits the performance of some act by a private individual or by a public official

Shield Laws

laws that give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

Fruit of a poison tree

A rule under which evidence that is the direct result of illegal conduct on the part of an official is inadmissible in a criminal trial against the victim of the conduct.