Chapter 4 Vocabulary (22 terms)

Bill of Rights

the first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants rights.

Civil Liberties

the legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, policies, and legislatures define their meaning.

Commercial Speech

communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Cruel and Unusual Punishment

punishment prohibited by the 8th amendment to the U.S. constitution

Eighth Amendment

freedom from excessive bail. freedom from excessive fines and cruel and unusal punishment.

establishment clause

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Part of the first amendment stating that “congress shall make no law respecting any single establishment of religion”

Exclusionary rule

Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.

Fifth amendment

the constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without the due process of law.

First amendment

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

Fourteenth amendment

The constitutional amendment adopted after the civil war that states that a state cannot abridge the life, liberty, and property of a person with due process of law, or deny any person equal protection under the law.

Free exercise clause

a first amendment provision that prohibits government from interfering with the practice of religion

Incorporation doctrine

the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most it amendments applicable to the states

libel

a statement that unfairly or falsely harms the reputation of a person that it is written about.

Plea bargain

a bargain struck between the defendant's lawyer and the 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 (or additional) crime.

prior restraint

A government preventing material from being published. it was declared unconstitutional

probable clause

The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

Right to privacy

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

search warrant

a written authorization from a court specifying the area to be searched and what the police are searching for

self-incrimination

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The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. (Plead the Fifth)

sixth amendment

the 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.

symbollic 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.

Unreasonable search and seizure

Obtaining evidence in a haphazard or random manner, a practice prohibited in the Fourth Amendment.