Civil Liberties definitions Flashcards
(23 cards)
Civil Liberties
Personal Freedoms ( Freedom of speech, Assembly, Religion)
Cruel and Unusual Punishment
Torture brutal treatment or degrading treatment unknown to law
Establishment Clause
Clause in the first amendment that prohibits the establishment of law by congress
Exclusionary Rule
A law prohibiting illegally obtained evidence in court
Free Exercise Clause
Prohibits congress from respecting the establishment of a religion or prohibiting any other religion
Human Rights
Rights Granted to Every Individual
Incorporation
Constituting a company, city or organization as a legal corporation
Right to Counsel
All defendants have a right to be represented by an attorney in court
Self- Incrimination
Exposing Oneself in Court
Symbolic Speech
Actions that purposely convey a particular message to those viewing it
Unreasonable search and seizure
Search and seizure by law enforcement without a warrant or probable cause
Incorporate Doctrine
Portions of the bill of rights are made applicable to the states through the due process clause
Due Process Clause
Acts as a safeguard from arbitrary denial of life, liberty or property by the government outside the sanction of law
Nationalize
Transfer from private to state ownership/ control
Strict v Loose Interpretation
Following the constitution as written when enforced
GIving interpretation between based on current event s
Living Document
A document that is continuously edited or updated
Judicial Activism
Judicial rulings based on personal or political consideration
Marketplace of Ideas
A free expression of ideas to create a new ideal
Grand Jury
Jurors used to asses the validity of the ruling that has been passed
Double Jeopardy
The procedural defense that prevents an individual from being tried for the same crime twice
Trial By Jury
A process where the trial is assessed by the defendant’s peers by validity of evidence
Stop and Frisk
Practice of Temporary questioning, detaining or suspension without a warrant or probable cause
Racial Profiling
The use of an individual’s race to determine their criminal background