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Civil liberties

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the legal constitutional protections against government. although our civil liberties and formally set down in the BOR the courts, police, and legislatures define their meaning

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Bill of rights

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1st 10 amendments to the US constitution drafted in response to some the anti federalist concerns. these amendments define such basic liberties as freedom of religion, speech, and press and offer protection against arbitrary searches by the police and being held without talking to a lawyer

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First amendment

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

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Fourteenth amendment

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constit. amend. adopted after civil war that states no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US.; nor shall any state deprive any person of life, liberty, or property,without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. see due process clause

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Incorporation doctrine

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the legal concept under which the Supreme court has nationalized the BOR by making most of its provisions applicable to the states through the 14th amendment

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Establishment clause

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

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Free exercise clause

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

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Prior restraint

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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 the first amendment and as confirmed in the 1931 case near v minnesota

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Libel

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the publication of false or malicious statements that damage someones reputation

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Symbolic speech

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nonverbal communications, such as burning a flag or wearing an armband, the SC has accorded some symbolic speech protection under the 1sy amendment

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Commercial speech

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communications in the form of advertising. it can be restricted more than many other types of speech, but has been receiving increased protection from the SC

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Probable cause

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

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Unreasonable searches and seizures

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obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. both probable cause and a search warrant are required for a legal and proper search for and seizure of incriminating evidence

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Search warrant

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a written authorization from a court specifying the area to be searched and what the police are searching for. the fourth amendment requires a search warrant to prevent unreasonable searches and seizures

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Exclusionary rule

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the rule that evidence, no 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.

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Fifth amendment

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

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Self incrimination

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the situation that occurring when and individual accused of a crime is compelled to be a witness against himself or herself in court. the fifth amendment forbids self incrimination. see also Miranda v. Arizona

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Sixth amendment

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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

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Plea bargaining

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an actual bargain stuck between the defendants 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 crime

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Eighth amendment

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the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. through the 15th amendment, this BOR provision applies to the states.

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Cruel and unusual punishment

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court sentences prohibited by the eight amendment. although the supreme court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment

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Rights to privacy

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according to paul bender the right to keep the details of one's life confidential; th efree and untrammeled use and enjoyment of one's intellect, bodym and private property....the right,in sum, to a private personal life free from the intrusion of government or the dictates of society" the right to privacy is implicitly protected by the BOR