Chapter 5 Flashcards
(19 cards)
civil liberties
rights- chiefly, rights to be free of government interference- accorded to an individual by the Constitution; free speech, press
due process of law
denies the government the right, without due process, to deprive people of life, liberty, and property
equal protection of the laws
a standard of equal treatment that must be observed by the government
selective incorporation
the process whereby the court has applied most, but not all, parts of the Bill of Rights to the states
freedom of expression
right of people to speak, publish, and assemble.
freedom of religion
people shall be free to exercise their religion, and government may not establish a religion
prior restraint
censorship of a publication
clear and present danger test
law should not punish speech unless there was a clear and present danger of producing harmful actions
libel
writing that falsely injures another person
symbolic speech
an act that conveys a political message
free exercise clause
first amendment requirement that law cannot prevent free exercise of religion
establishment clause
first amendment ban on laws ‘respecting an establishment of religion
wall of separation
court ruling that government cannot be involved with religion
exclusionary rule
improperly gathered evidence may not be introduced in a criminal case
search warrant
a judge’s order authorizing a search
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
good faith exception
an error in gathering evidence sufficiently minor that it may be used in a trial
public safety exception
the police can question an un-mirandized suspect if there is an urgent concern for public safety
inevitable discovery
the police can use evidence if it would inevitably have been discovered
