Ap Gov't Chapter 4

Front 1

civil liberties

Back 1

The constitutional and other legal protections against gov't action. (Ours are set in the Bill of Rights)

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Bill of Rights

Back 2

The first 10 amendments to the Constitution. Liberties such as freedom of speech, religion, and assembly.

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First Amendment

Back 3

The constitutional amendment that guarantees the four great liberties: freedom of speech, press, religion and of assembly

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Fourteenth Amendment

Back 4

Adopted after civil war; states that: “No State shall make orenforce any law which shall abridgethe privileges or immunities of citizensof the United States; nor shallany state deprive any person of life,liberty, or property, without dueprocess of law; nor deny to any personwithin its jurisdiction the equalprotection of the laws.”

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due process clause

Back 5

Part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the national or state gov't's w/o due process of law

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incorporation doctrine

Back 6

The legal concept by which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the interpretation of the 14th amendment.

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establishment clause

Back 7

Part of the First Amendment statingthat “Congress shall make no lawrespecting an establishment ofreligion.”

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free exercise clause

Back 8

A First Amendment provision thatprohibits government from interferingwith the practice of religion.

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Prior restraint

Back 9

Government actions preventing material from being published. Prior restraint is usually prohibited by the First Amendment, as confirmed in Near v. Minnesota

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libel

Back 10

The publication of false and malicious statements that damage someone’s reputation.

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symbolic speech

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Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.

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commercial speech

Back 12

Communication in the form of advertising, which can be restricted more than many other types of speech.

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probable cause

Back 13

The situation in which the police have reasonable grounds to believe that a person should be arrested.

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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. Probable cause and/or 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.

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exclusionary rule

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The rule that evidence 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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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.

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Self-Incrimination

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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 involuntary self-incrimination.

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Sixth Amendment

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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 a speedy and public trial.

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Plea bargaining

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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.

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Eight Amendment

Back 21

The constitutional amendment that forbids cruel and unusual punishment.

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Cruel and unusual punishment

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Court sentences prohibited by the Eighth Amendment.

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right to privacy

Back 23

The right to a private personal life free from the intrusion of government.