Civil Liberties And Public Law

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Civil Liberties

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the constitutional and other legal protections against the government

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Bill of Rights

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the first 10 amendments to the Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendant's rights

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First Amendment

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freedom of speech, religion, the press, assembly, and petition

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Fourteenth Amendment

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no state is allowed to pass any law or restrictions that will interfere with the liberties of the citizens and each person gets the right of equal opportunity and protection within jurisdiction

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Due Process clause

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part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the federal or state governments without due process of law

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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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part of the 1st amendment stating that congress cannot pass a law that respects the 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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government action that prevent material from being published

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Libel

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the publication of false and malicious statements that may damage someones reputation

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Symbolic speech

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nonverbal communication, such as burning a flag or wearing an armband

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Commercial speech

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communication in the form of advertising, which can be restricted more than any type of speech

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Probable cause

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reasonable grounds for believing that a person is guilty of a crime

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Unreasonable search and seizure

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obtaining evidence in a n unlawful manner, prohibited by the 4th amendment. Police must have probable cause and/or a search warrant in order to make a legal and proper search for and seize such 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 may search 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 obtained in a constitutional manner

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Fifth amendment

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

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Self-incrimination

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being a witness against oneself

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Sixth amendment

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a constitutional amendment designed to protect individuals accused of crimes. includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial

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Plea bargain

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bargain struck between a defendant's lawyer and a prosecuter to the effect that the defendant will plead guilty to a lesser crime
(or fewer crimes) in exchange for the states promise not to prosecute the defendant for a more serious crime or for additional crimes

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Eight amendment

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forbids cruel and unusual punishment

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Cruel and unusual punishment

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prohibited by 8th amendment

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Right to privacy

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