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31 Cards in this Set
- Front
- Back
Exclusionary rule
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A rule that prevents evidence obtained in violation of the fourth amendment from being used in court against the defendant.
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Separation of church and state
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Says that the State shall not get involved with any religion.
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Freedom Of Speech
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The first Amendment guarantee of a right of free expression.
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Libel
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Printed or broadcast statements that are false and tarnish someone's reputation.
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Establishment Clause
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The First Amendment clause that prohibits the establishment of a church officialy supported by government.
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Speech Plus Conduct
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Speech combined with conduct that is intended to convey ideas; EX, a sit-in where the protesters, chant slogans.
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Prior Restraint
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Censorship by restraining an action before it has actually occured Ex, forbidding publication rather than punishing the publisher after publication has occured.
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Miranda Rights
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A means of protecting a criminal suspects rights against self incrimination during police interrogation. Before interrogation, suspects must be told that they have a right to remain silent, that anything they say can be used against them. That they have a right to an attorney; one will be provided for them. The rights are named after the case Miranda v. Arizona
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Equal Protection Clause
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The 14th amendment clause that is the constitutions primary gurantee that government will treat everyone equally.
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De Jure segregation
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Segregation imposed by law, outlawed by Brown v. Board of education and subsequent court cases.
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Unreasonable Searches and Seizures
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Searches and arrests that are conducted without a warrant or that do not fall into one of the expectations to the warrant requirement; prohibited by the the Fourth Amendment.
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de FActo Segregation
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Segregation that is based on residential patterns and is not imposed by law; because it cannot be eliminated by striking down a law, it is more intractable than DE Jure segregation.
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Cruel and Unusual Punishment
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Torture or any punishment that is grossly disproportionate to the offense, prohibited by the Eigth Amendment
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Plassy V. Ferguson
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The 1986 Supreme court case in which the court upheld segregation by enunciating the Separate but equal doctrine.
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Pure Speech
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Speech without any conduct.
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Brown v. Board Of education
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The 1954 case in which the US supreme court overturned the Seperate But Equal doctrine and ruled unanimously that segregated schools violated the 14th amendment.
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Public Forum
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A public place such as a street, sidewalk or park where people have there first amendment rights to express their views on public issues.
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Jim Crow Laws
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Laws enacted in southern states that segregate schools, public accommodations, and almost all other aspects of life.
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Affirmative action
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A policy in job hiring or university admissions that gives special considerations to members of traditionally disadvantaged groups in an effort to compensate for the effects of past discrimination.
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McCarthyism
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Methods of combating comunism characterized by irresponsible accusations made in the basis of little or no McCarthy of Wisconson who used such tactics in the 1950's.
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Right to Privacy
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A right to autonomy-to be left alone-that is not specifically mentioned in the US constitution, but has been founded by the US supreme court to be implied through several amendments.
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Sperate but equal Doctrine.
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The principle enunciated by the US supreme court in Plessy vs. Ferguson in the 1896 that allowed seperate facilities for blacks and whites as long as the facilities were equal.
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Civil Rights act of 1964
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Major civil rights legislation that prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin; also prohibits BLocking, STEEring and Redlining.
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Presumed innocence
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Says that the state, or courts must prove guilt.
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Symbolic Speech
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the use of symbols rather than words to convey ideas: wearing black arm bands and burning flags to protest gov't policy.
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Racial Profiling
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The assumption that minorities, especially makes, are more likely to commit crimes, especially ones involving drugs, targets minorities for stops and searches.
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Due process
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The guarantee that the government will follow fair and just procedures when prosecuting a crimianl defendant.
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Obscenity
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Sexual material that is patently offensive to the average person in the community and that lacks any serious literary, artistic or scientific value.
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NAACP (national association for the advancement of colored people)
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An organization founded in 1909 to fight for black rights, its attorneys challenged segregation in the courts and won many important court cases, most notably, Brown Vs. Board of Education.
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Free excercise clause
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The first amendment clause that guarantees individuals the right to practive their religion without gov't intervention.
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Equal rights Amendment (ERA)
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A proposed amendment to the constitution that would prohibit government from denying equal rights on the basis of sex; passed by congress in 1972 byt failed to be ratified by a sufficient number of states.
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