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23 Cards in this Set
- Front
- Back
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civil liberties
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individual legal and constitutional protections against gov and set down in the bill of rights which are interpreted by courts, police, and legislatures
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Bill of Rights
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first 10 amend.s to US const which defines basic liberties like freedom of religion, speech, and press and guarantees defendant's rights
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first amendment
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est 4 great liberties: freedom of press, speech, religion, assembly
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fourteenth amendment
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states cannot create laws that deprive any person of life, liberty, or prop w/o due process of law; nor deny anyone equal protection of laws. It ended slavery, gave former slaves protection, and ensured their voting rights. (essentially stopped states from interfering with 1st amend rights)
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due process clause
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part of 14th amend that guarantees that ppl cannot be deprived of life, liberty, or prop by US or state gov.s w/o due process of law
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incorporation doctrine
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legal concept under which Supreme Court nationalized the Bill of Rights through the 14th amend.
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establishment clause
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congress cannot make laws in favor of religion. part of 1st amend
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free exercise clause
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gov cannot interfere with practice of religion
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prior restraint
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allows gov to prevent material from being published. unconst in US according to 1st amend and upheld in Near v Minnesota
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libel
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written defamations that damage a person's rep
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symbolic speech
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nonverbal communications, such as burning a flag or wearing an armband. These are some symbolic speech protection under the 1st amend.
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commercial speech
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communication in the form of advertisement. can be restricted more than other types of speech but has been receiving increased protection from supreme court
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probable cause
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when police have reason to believe that a person should be arrested. While arresting, they are allowed to search for and seize incriminating evidence
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unreasonable searches and seizures
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forbidden in 4th amend. probable cause and/ or search requirements are required for a legal and proper search for and seizure of incriminating evidence
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search warrant
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written authorization from a court specifying the area to be searched and what searching for. cannot be issued w/o probable cause
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exclusionary rule
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evidence cannot be introduced into a trial if it was not const. obtained. prohibits use of evidence obtained through unreasonable search and seizure
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fifth amendment
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designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment w/o due process of law
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self-incrimination
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forbidden ny 5th amend. when individual accused of crime is compelled to be a witness against himself at court
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sixth amendment
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designed to protect accused of crimes. includes right to counsel, right to confront witnesses, and right to a speedy and public trial
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plea bargaining
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struck btwn defendant's lawyers and prosecutor so defendant will plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime
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eight amendment
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forbids cruel and unusual punishment. applied to stated through 14th amend
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cruel and unusual punishment
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court sentences prohibited by 8th amend. Death penalty is a huge topic in this category. although supreme court rules that mandatory death sentences for certain offenses are unconst., it has not held that the death penalty itself constitutes cruel and unusual punishment
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right to privacy
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the right to a personal life free from the intrusion of gov
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