Chapter 4 Flashcards
(22 cards)
habeas corpus
a court order demanding that an individual in custody be brought into court and shown the cause for detention (page 115)
bill of attainder
a law that declares a person guilty of a crime without a trial (page 115)
ex post facto laws
laws that declare an action to be illegal after it has been committed (page 115)
Bill of Rights
the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people (page 116)
civil liberties
areas of personal freedom constitutionally protected from government interference (page 116)
selective incorporation
the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments (page 117)
establishment clause
the First Amendment clause that says that “Congress shall make no law respecting an establishment of religion”; this law means that a “wall of separation” exists between church and state (page 120)
Lemon test
a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to “excessive entanglement” with religion (page 121)
free exercise clause
the First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses (page 122)
“clear and present danger” test
used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society (page 124)
fighting words
speech that directly incites damaging conduct
“speech plus”
speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
prior restraint
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances
libel
a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”
slander
an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”
due process of law
the right of every individual against arbitrary action by national or state governments
exclusionary rule
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment
grand jury
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence
double jeopardy
the Fifth Amendment right providing that a person cannot be tried twice for the same crime (page 136)
Miranda rule
the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
eminent domain
the right of government to take private property for public use
right to privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
