Amendments and vocab Flashcards
(47 cards)
Cruel and usual punishment
Court sentences prehibited by the eighth amendment
Commercial speech
Communication in the form of advertising which can be restricted more than any other types of speech
Due process clause
Part of the 14th amendment guaranteeing that persons cannot be deprived of life liberty or property of the united states or state government without due process of law
Civil liberties
Legal protections against government action
Eighth amendment
For bids cruel and usual punishment
Excessive bail or excessive fine
Establishment clause
Part of the first amendment stating that Congress shall make no law respecting an establishment of religion
Exclusionary rule
The role that evidence cannot be introduced into a trial if it was not constitutionally obtained the rule prohibits the use of evidence pertained by unreasonable search and seizure
Fifth Amendment
Designed to protect the rights of persons accused including protection double jeopardy self-incrimination and punishment without due process of law
Free exercise clause
The first amendment provision that prohibits government from interfering with the practice of religion
First amendment
Establishes 5 great liberties freedom of the
press, speech religion assembly, associate
Incorporation doctrine
Legal concept under which the Supreme Court has nationalize the Bill of Rights making most of its provisions acceptable to the states through the 14th amendment
Libel
Publication of false and malicious statements that damage someone’s reputation
What are the three things that church related schools must have received aid
Have secular legislative purpose
primary effect that neither advances on inhibits religion
nor foster excessive government entanglement with religion
Prior restraint
Government actions preventing material from being published
Plea-bargaining
A bargain struck between the defendants lawyer and the prosecutor to which the defendant will plead guilty to a lesser crime exchange for states promise not to prosecute the defendant for more serious or additional crimes
Probable cause
The situation in which the police have reasonable grounds to believe a person should be arrested
Rights of privacy
Private personal life free from intrusion of the government
Sixth amendment
the right to counsel the right to confront a witness in the right to a speedy and public trial impartial jury can be confront the accuser and know about evidentce
Self-incrimination
Situation in which an individual accused is a compelling witness against him or herself in court
Symbolic speech
Verbal communication such as flagburning all wearing an armband Supreme Court has allowed some symbolic speech under the First Amendment
unReasonable search and seizure
Obtaining evidence in a random nether practice prohibited by the fourth amendment couple Coors and or a search warrant are required for legal and proper search for seizure of incriminating evidence
materials are obscene if
1 the work taken as a whole has a prurient interest in sex
2 patently offensive defined a obscenity law
3 lacked serious artistic, literary, political or scientific value
libel cases are _____ because _______
rarely won , people do not want to draw attention to them sevels
what 2 problems can arise fron free press abd fair trails
the intrusion of the press might sway the jury or make them feel pressured
the press can with hold evidience
