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Chapter 4
Government in America 14th Edition
23
Other
12th Grade
11/02/2011

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Term
Civil Liberties
Definition
The legal constitutional protections against government. Although our civil liberties are formal set down in the Bill of Rights, the courts, police, and legislatures define their meaning
Term
Bill of Rights
Definition
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
Term
First Amendment
Definition
The constitutional amendment that establishes the four great liberties; freedom of press, of speech, of religion, and of assembly
Term
Fourteenth Amendment
Definition
The constitutional amendment adopted after the Civil War that states, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of la; nor deny to any person within its jurisdiction the equal protection of the laws"
Term
Due Process Clause
Definition
Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.
Term
Incorporation doctrine
Definition
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 Fourteenth Amendment.
Term
Establishment Clause
Definition
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
Term
Free Exercise Clause
Definition
A First Amendment provision that prohibits government from interfering with the practice of religion
Term
Prior Restraint
Definition
A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v Minnesota
Term
Libel
Definition
The publication of false or malicious statements that damage someone's reputation
Term
Symbolic Speech
Definition
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment
Term
Commercial Speech
Definition
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.
Term
Probable Cause
Definition
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.
Term
Unreasonable searches and seizures
Definition
Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and or a search warrant are required for legal and proper search for and seizure of incriminating evidence
Term
Search Warrant
Definition
A written authorization from a court specifying the area to be searched and what the police are searching for.
Term
Exclusionary Rule
Definition
The rule that evidence, not matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
Term
Fifth Amendment
Definition
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law
Term
Self-incrimination
Definition
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.
Term
Sixth Amendment
Definition
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to do a speedy and public trial.
Term
Plea Bargaining
Definition
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.
Term
Eighth Amendment
Definition
The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provisions applies to the states.
Term
Cruel and unusual punishment
Definition
Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses that are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.
Term
Right to Privacy
Definition
The right to a private personal life free from the intrusion of government
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