Civil Liberties and Civil Rights

Civil Liberties

Constitutional freedoms guaranteed to all citizens. Often protected by the Bill of Rights and Due Process Clause of the 14th Amendment.

Civil Rights

the rights of citizens to political and social freedom and equality. Grew out of and protects by the 14th Amendment Equal Protection clause.

prejudice

preconceived opinion that is not based on reason or actual experience

Discrimination

unjustifiable negative behavior toward a group and its members

The purpose of the Bill of Rights

Protect individual liberties against the government

Civil Law

covers private disputes between people over property or relationships

Criminal Law

a system of law concerned with the punishment of those who commit crimes.

The Exclusionary Clause

Ensures that illegal evidence cannot be used in court

Due Process of law on a federal level is outlined in what amendment?

5th Amendment

The criminal law process includes

Misdemeanors, felonies, trial by jury, indictment, bail, and sentencing

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

14th Amendment Due Process Clause

No state shall deprive any person of life, liberty, or property without due process of law. Guarantees the Bill of Rights protects citizens on a State level.

14th Amendment Equal Protection Clause

no state shall deny to any person within its jurisdiction "the equal protection of the laws"

process of incorporation

The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause

Restrictions on punishment

Prohibits the government from imposing excessive fines, cruel or unusual punishments, capital punishment.

Bench Trial

Conducted if there is no jury. The Judge hears and decided the case.

Guarantees to a fair trial

Speedy and public trial, trial by jury, right to an adequate defense, No double jeopardy

Habeas Corpus

Prisoner has right to a court hearing to determine the legality of imprisonment.

No self-incrimination

Person cannot be forced to give testimony that suggests his or her own guilt.

Grand Jury

Person cannot face trial for most federal crimes unless indicated by a grand jury.

No Bills of Attainder

Congress and states cannot pass laws declaring a specific person guilty of a crime.

No ex post facto laws

Congress and states cannot pass laws that apply to past actions.

Speedy and Public Trial

Trial must take place soon after arrest or indictment and must be open to the public.

Trial by Jury

All those facing criminal charges must be tried by jury.

Adequate Defense

Defendants must be informed of charges, be able to confront witnesses in court, and have adequate legal representation.

No Double Jeopardy

No person may be made to stand trial twice for the same offense.

3 Alternative Dispute Resolutions

Meditation, Arbitration, Negotiation