3.2: Substantive Criminal Law

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Bill of Attainder

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An unconstitutional type of legislative act that pronounces a person guilty of a crime.

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Clear and Present Danger Test

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A test developed by the SCOTUS to determine if a First Amendment right can constitutionally be curtailed.

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Compelling State Interest

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A test of constitutionality created by the SCOTUS that balances the interests of the government against the rights of the individual.

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Concealed Carry Law

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A set of statutory provisions in some states that allow licensed citizens to carry firearms on their person in a manner not obviously visible to the public.

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Criminal Procedure

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The body of law that dictates how criminal cases are processed by the criminal justice system.

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Cruel and Unusual Punishment

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Punishments that are inhumane or violate basic human dignity; prohibited by the Eighth Amendment.

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Eighth Amendment

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"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

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Ex Post Facto Law

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An unconstitutional type of statute that criminalizes and act after the act has occurred.

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Fair Notice

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The basic due process requirement that the government give the public notice as to what acts are criminal; closely related to the concept of void for vagueness.

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Fighting Words

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Speech that is calculated to cause a violent response from their target, which are not protected by the First Amendment.

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First Amendment

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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

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Freedom of Assembly

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The First Aendment right of people to gather together, so long as they gather peacefully.

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Freedom of Expression

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The First Amendment right of people to express their ideas and opinions through any form of communication.

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Freedom of Religion

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The First Amendment right of people to practice any religion that they choose (or no religion at all).

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Lawrence v. Texas (2003)

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A landmark SCOTUS decision that struck down a Texas sodomy law, effectively ruling criminal laws that prohibit homosexual sexual activity unconstitutional.

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Right to Privacy

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Although there is no explicit right to privacy in the text of the Bill of Rights, the Supreme Court has found an implicit right on several different occasions.

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Roe v. Wade (1973)

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A landmark SCOTUS decision that effectively legalized abortion in the United States; the constitutional arguments hinged on the right to privacy.

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Schenck v. United States (1919)

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A landmark SCOTUS decision in which the Court first articulated the clear and present danger test for judging the constitutionality of statutes that impinge on First Amendment rights.

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Second Amendment

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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

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Void for Vagueness

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The doctrine by which appellate courts strike down laws that are not clear in what exactly they prohibit.