Chapter 4 Key Terms

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Civil Liberties

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the legal Constitutional protections against government. Though they are formally set down in the Bill of Rights, the courts police and legislatures define their meanings.

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Bill of Rights

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the first 10 amendments to the US Constitution, which define basic liberties such as freedom of religion, speech and press and guarantee defendants’ rights.

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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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the Constitutional amendment adopted after the Civil War that states “No state shall make or enforce any laws which shall abridge the privileges and immunities of any citizen of the United States, 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.”

These are the “privileges and immunities” and “due process” clauses of the Constitution.

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incorporation doctrine

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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 14th Amendment.

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establishment clause

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the part of the First Amendment stating that “Congress shall make no law respecting an establishment or religion.”

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free exercise clause

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the First Amendment provision that prohibits government from interfering with the practice of religion.

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prior restraint

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A prior restraint is 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 ca se of Near v. Minnesota.

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Libel

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the publication of false or malicious statements that damage someone’s reputation

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symbolic speech

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non-verbal 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

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communication in the form of advertising. It can be restricted more than many different types of speech but has been receiving increased protection from the Supreme Court.

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unreasonable searches and seizures

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obtaining evidence in a random or haphazard manner, a practice prohibited by the Fourth Amendment. Probably cause and/or a search warrant are required for a legal and proper search for and confiscation (seizure) of incriminating evidence property by the police.

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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, no matter how incrimintating, cannot be introduced at trial if it was not Constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable searches and seizures.

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Fifth Amendment

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the 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 committing crime is compelled to act as a witness against himself in court. The Fifth Amendment forbids compelled self-incrimination.

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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 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 more serious or additional crimes.

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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 14th Amendment, this Bill of Rights provision applies to the states.

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cruel and unusual punishment

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court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not (yet) ruled 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 the government. This includes choices about marriage, contraception and abortion.