APGOV Ch4

Right to privacy

the right to a private personal life free from the intrusion of government

Cruel and unusual punishment

Court sentences prohibited by the 8th amendment

Eighth amendment

forbids cruel and unusual punishment

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 t oprosecute the defendant for a more serious crime or for additional crimes

Sixth 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

Self-incrimination

being a witness against oneself. The 5th amendment forbids involuntary self-incrimination

Fifth amendment

designed to protect the rights of persons accused of crimes. It provided protection against double jeopardy, self-incrimination, and punishment w/o due process of law

Exclusionary rule

the rule that evidence cannot be introduced into a trial if it was no obtained in a constitutional manner. prohibits use of evidence obtained through unreasonable search and seizure

Search warrant

written authorization from a court specifying the area to be searched and what the police may search for

Unreasonable search and seizures

police must have probable cause/search warrant to make a legal and proper search for and seizure of incriminating evidence and seize it

Probable cause

Reasonable grounds for believing that a person is guilty of crime. police must have it to make an arrest

Commercial speech

Communication in the form of advertising, which can be restricted for more than many other types of speech

Symbolic speech

Nonverbal communication, such as burning a flag or wearing an armband

Libel

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

Prior restraint

Government actions that prevent material/speech/publication from being published. it is usually prohibited by the 1st amendment

Free exercise clause

1st amendment provision that prohibits government from interfering with the practice of religion

Establishment clause

part of the 1st amendment stating that Congress shall make no law respecting an establishment of religion

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 14th amendment

Due process clause

Part of 14th amendment, guarantees that persons cannot be deprived of life, liberty, or property by the US or states w/o due process of law

Fourteenth amendment

adopted after Civil War, declares citizenship for all born or naturalized in US, due process and equal protection of the laws for all citizens

First amendment

protects the four great liberties: religion, speech, press, and of assembly

Bill of Rights

First 11 amendments to Constitution, which define such basic liberties as freedom of religion, speech, and press, and they guarantee defendants' rights

Civil liberties

The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights