Civil Liberties

  1. Bill of Rights: a list of fundamental rights + freedoms that individuals possess. The first ten amendments to the U.S constitution are referred to as B.O.R.

  2. Due Process Clause: the clause  in the 14th amendment that restricts state governments from denying their citizens their life, liberty, or property without legal safeguards.

  3. Selective Incorporation: the process through which the supreme court applies fundamental rights in the B.O.R to the states on a case by case basis

  4. Establishment Clause: 1st amendment protection against the government requiring citizens to join or support a religion 

  5. Free Exercise Clause:1st amendment protection of the rights of individuals to exercise and express their religious beliefs 

  6. Freedom of Expression: a fundamental right affirmed in the 1st amendment to speak, publish, and protest

  7. Clear and Present Danger Test: legal standard that speech posing an immediate and serious threat to national security is not protected by the 1st amendment 

  8. Prior Restraint: the suppression of material prior to publication on the grounds that it is harmful or might endanger national security 

  9. Symbolic Speech: protected expression in the form images, signs, and other symbols 

  10. Libel: an untrue written statement that injures a person’s reputation 

  11. Slander: an untrue spoken expression that injures a person’s reputation 

  12. Ex Post Facto Laws: makes a particular act illegal, and punishes people who committed that crime before the law was passed, i.e., when the act was legal

  13. Bill of Attainder: when the legislature declares someone guilty without a trail 

  14. Writ of Habeas Corpus: the right of people detained by the government to know the charges against them

  15. Procedural Due Process: a judicial standard requiring that fairness be applied to all individuals equally 

  16. Warrant: a document issued by a judge authorizing a search 

  17. Probable Cause: reasonable belief that a crime has been committed or that there is evidence indicating so. 

  18. Exclusionary Rule: a rule that evidence obtained without a warrant is inadmissible in court 

  19. Grand Jury: a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicated and subsequently tried in a court of law

  20. Double Jeopardy: protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction 

  21. Miranda Rights: right to remain silent and to have an attorney present during questioning, these rights must be given by police to individuals in custody suspected of criminal activity 

  22. Bail: an amount of money posted as a security to allow the charged individuals to be freed while awaiting trial 

  23. First Amendment:  imposes a number of restrictions on the federal government with respect to civil liberties including freedom of religion, speech, press, assembly, and petition.

  24. Fourteenth Amendment: person born in the united states are citizens and prohibits states from denying persons due process or equal protection under the law 

  25. Civil Liberties: fundamental rights and freedoms protected from infringement by the government 

  26. Fifth Amendment:  protects the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

  27. Self-Incrimination: situation when an individual accused of a crime is compelled to be a witness against themselves. The 5th Amendment forbids self-incrimination.

  28. Sixth Amendment: protects individuals accused of crimes includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

  29. Eighth Amendment: forbids cruel and unusual punishment,

  30. Right to Privacy: right to a private personal life free from the intrusion of the government.