Chapter 5 Flashcards
rule that resulted from the Mapp v Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant; other evidence found at the scene of the crime is not admissible, or is excluded in the trial
exclusionary rule
established in Chaplinsky v New Hampshire (1942), the decision incorporated in state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence
fighting words
landmark decision in the Supreme Court incorporated the First Amendment to a state case for the first time
Gitlow v New York (1925)
doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions; even though the 14th amendment was ratified in 1868, incorporation started to take place in the 1920s; it reached a peak during the Warren Court in the late 1950s and 1960s
incorporation of the 14th Amendment
a formal list of charges made by a grand jury guaranteed in the 5th Amendment
indictment
the extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national government as well as state governments
judicial federalism
a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive; the doctrine was declared constitutional in the case of Cruzan v Missouri department of health (1990)
living will
those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, etc
Miranda rights
a series of steps that are established by the 5th-7th amendments that protect the rights of the accused at every step of the investigation
procedural due process
also known as the “establishment clause,” it is part of the 1st amendment to the constitution prohibiting the federal government from creating a state-supported religion
separation of church and state
legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws
substantive due process
form of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning a flag in protest for political reasons
symbolic speech
