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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
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
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.